Round Rock Spousal Support Attorney
Practice Areas
At the Law Office of Katy M. Lovett, PLLC, we understand how challenging divorce can be, especially when it comes to financial matters like spousal maintenance. As a dedicated family law attorney in Round Rock, Katy M. Lovett is here to guide you through obtaining fair spousal maintenance payments. Whether you’re seeking spousal support or need assistance modifying or enforcing an existing alimony order, our legal team is committed to providing personalized and compassionate representation.
With years of experience handling family law matters, including spousal support and child support cases, our family law attorney Katy M. Lovett will work closely with you to ensure a fair outcome. Call (512) 956-5356 to schedule an initial consultation today.
What is Spousal Support?
Spousal support is a financial arrangement in which one spouse provides payments to the other after a divorce in Texas. This type of support helps the lower-earning spouse meet the spouse’s minimum monthly needs post-divorce, particularly if the spouse was financially dependent during the marriage.
The court will determine the amount of alimony payments based on factors such as the length of the marriage, the financial situation of both divorcing spouses, and each spouse’s ability to support themselves independently.
Types of Spousal Support in Round Rock, TX
The different types of spousal support include:
- Temporary spousal support: Financial support provided to a spouse during the divorce process. This temporary support is intended to help them maintain stability until the division of marital property is finalized.
- Post-divorce spousal maintenance: Financial support provided to a spouse after divorce to help that spouse meet the spouse’s minimum monthly needs. This can be for a period of time or permanent.
The paying spouse is responsible for fulfilling these obligations as determined by the court, based on the type and terms of spousal support awarded. If you need help understanding which type of spousal support you may qualify for, contact our experienced spousal support lawyer Katy M. Lovett today.
Alimony Vs. Spousal Support
Alimony and spousal support are often used interchangeably, but they both refer to the same concept: financial assistance provided by one spouse to the other after a divorce. While alimony is a more traditional term, spousal support and spousal maintenance are often used in modern legal contexts, including in Texas.
Both forms of support serve the same purpose of helping the lower-earning spouse maintain financial stability. The amount and duration of spousal support determined will depend on various factors, such as the length of the marriage, the financial situation of both parties, and the ability of the paying spouse to provide support.
What is Spousal Maintenance?
Spousal maintenance specifically refers to payments required by a court order to help one spouse adjust financially after the divorce. Spousal support, on the other hand, can include various forms of financial help, such as temporary payments during the divorce process. This broader term also encompasses different types of financial support that may be voluntarily agreed upon by the parties or mandated by the court, ensuring the supported spouse maintains financial stability.
Requirements for Alimony in Texas
In Texas, alimony, AKA spousal maintenance, is not automatically granted in divorce cases. To qualify for spousal maintenance, certain requirements must be met according to the state’s alimony laws.
In most cases, the divorcing spouses must have been married for at least ten years for the court to consider awarding spousal maintenance. Additionally, the recipient spouse must demonstrate that they lack sufficient property, income, or resources to meet their minimum reasonable needs post-divorce.
There are also specific circumstances under which spousal maintenance may be awarded, even if the marriage lasted less than ten years. For instance, if the ex-spouse seeking spousal maintenance is unable to work due to a physical or mental disability, or if they are the primary caregiver for a child with a disability, the court may grant spousal maintenance.
Additionally, if the paying spouse was convicted of family violence against the other spouse or child within two years of the divorce, the spouse may be eligible to receive support.
How to Get Alimony in a Divorce
To receive alimony in a Texas divorce, the court considers the length of the marriage, the financial resources of both parties, education, employment history, and earning capacity. One of the primary factors is the length of the marriage. Generally, the receiving spouse must have been married to the other party for at least ten years.
Another key consideration is the financial resources of both parties. After the divorce, the court will assess whether the ex-spouse requesting spousal maintenance has sufficient property, income, or assets to meet their minimum reasonable needs.
Additional factors include the receiving spouse’s education and employment history, job skills, and earning capacity. If the spouse has limited work experience or lacks the skills to secure employment that would support them financially, the court may require the ex-spouse to pay maintenance.
If you need assistance securing alimony in your divorce, contact our Round Rock spousal support lawyer to learn how we can help you pursue the financial support you deserve.
Alimony Vs. Child Support
Alimony and child support are two forms of financial support that arise during divorce. Alimony, or spousal support, is designed to help a lower-earning spouse meet that spouse’s minimum reasonable monthly needs after the marriage ends. These support payments focus solely on supporting the ex-spouse and do not involve the children directly.
On the other hand, child support payments are specifically intended to cover the financial needs of the children after a divorce. These payments are made by the non-custodial parent, who does not have primary physical custody of the child, to contribute to the child’s daily expenses, such as housing, education, healthcare, and other additional expenses.
Unlike alimony, which benefits the ex-spouse, child support is supposed to be for the child’s well-being. It ensures that both parents share the financial responsibilities of raising their child, even if one is no longer living with them.
How is Alimony Calculated in Texas?
Alimony is calculated by examining several factors to ensure a fair outcome. The court looks at the future earning capacity of both spouses, assessing the job skills of the recipient spouse and their potential to generate income after the marriage. If the recipient spouse has limited earning potential, the court may require the other spouse to provide financial support. Additionally, the length of the marriage, the financial contributions of both parties, and each spouse’s current financial situation are all considered when determining the amount and duration of alimony.
Alimony Issues that a Round Rock Spousal Support Attorney Can Assist Clients With
At the Law Office of Katy M. Lovett, our experienced legal team in Round Rock is dedicated to helping clients understand their legal rights and obligations related to spousal support. Whether you need assistance securing fair alimony, modifying an existing spousal maintenance agreement, or enforcing spousal support payments, we are here to guide you through the legal process with personalized attention.
Spousal Support Modification
There are circumstances where spousal support can be modified or even terminated after a divorce. For example, a significant change in either party’s financial situation may prompt the need for adjustment. If the alimony recipient remarries or their financial needs change dramatically, or if the spouse required to pay alimony experiences job loss or a reduction in income, they may seek to modify the spousal support order.
Modifying or terminating alimony involves petitioning the court and demonstrating a significant change in circumstances. If you need assistance modifying an existing spousal maintenance order, our Round Rock family law attorney Katy M. Lovett is ready to help.
Spousal Support Enforcement
If a spouse fails to comply with court-ordered spousal support, there are legal enforcement options available. In Texas, if a spouse does not pay alimony as ordered, the court may take actions such as wage garnishment or contempt of court, which could result in fines..
The consequences of failing to comply with spousal support orders can be severe, and it is important to seek legal assistance if you are facing issues with enforcement. A spousal support attorney like Katy M. Lovett can help ensure the enforcement of spousal maintenance payments and other family law court orders.
Spousal Support FAQs
What is a Wife Entitled to in a Divorce in Texas?
In Texas, a wife is entitled to a fair and just division of community property, which includes assets and debts acquired during the marriage. She may also be eligible for spousal maintenance payments from her ex-husband if certain conditions, such as financial need or the length of the marriage, are met.
What Qualifies a Spouse for Alimony?
A spouse may qualify for alimony if they lack sufficient financial resources to meet their basic needs after the divorce and meet specific conditions, such as being married for at least ten years, caring for a child with a disability, or having a physical or mental disability that prevents them from earning an income.
What is a Non-Working Spouse Entitled to in a Divorce?
A non-working spouse in a divorce is entitled to a share of the community property, which includes assets and debts acquired during the marriage. They may also be eligible for spousal maintenance payments if they show financial need and meet specific criteria.
How Long Does Spousal Support Last in Texas?
In Texas, spousal support typically lasts for a set period based on the length of the marriage, ranging from 5 to 10 years. It can end sooner if the receiving spouse remarries or becomes financially independent.
How Long Do You Have to Be Married to Get Alimony in Texas?
In Texas, you typically must be married for at least ten years to qualify for alimony. However, exceptions may apply in divorce cases involving domestic violence, a spouse’s disability, or if the spouse seeking support is the primary caregiver for a child with special needs.
What is Alimony Based On?
Alimony is based on factors such as the receiving spouse’s financial needs, the future earning capacity of both spouses, the length of the marriage, and the paying spouse’s ability to provide support.
What Disqualifies You From Alimony?
You may be disqualified from alimony if you can financially support yourself, if the receiving spouse remarries, or if the marriage lasted less than ten years.
Experienced Round Rock Alimony Lawyer
Whether you are pursuing spousal maintenance, modifying an existing spousal support order, or enforcing alimony payments, the Law Office of Katy M. Lovett, PLLC is committed to protecting your financial future. Contact our law firm today to schedule an initial consultation with Round Rock spousal support lawyer Katy Lovett today.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.
