While going through a divorce, finances often top the list of people’s concerns. Not only can the process itself be costly between lawyer and court fees, but people may have serious doubts about their financial security without the income of their partner.
If you are currently going through a divorce or are seriously considering it, you are likely having these concerns. Luckily, there is such a thing as spousal maintenance, which can help people who qualify meet their needs in cases where they otherwise may not be able to.
What makes someone eligible for spousal maintenance?
In the state of Texas, there are several factors that the court will consider in determining if spousal maintenance will be awarded:
- If one spouse lacks enough property to meet their needs
- If the spouse that would be paying support was convicted of committing an act of violence against the one that would receive maintenance or their child within two years proper to them filing for divorce or if the case is still pending.
- If one spouse is unable to earn enough to support themselves due to a physical or mental disability
- If the marriage has lasted ten years or longer and one spouse does not have enough income to meet their needs
- If one spouse is the caretaker of a child with a physical or mental disability that prevents them from earning enough to support themselves
Factors that determine the amount of maintenance they will receive
Once the court decides if someone is eligible for support, the next thing they must decide is how much support they will need to stay afloat. Here are some factors the court will consider in the process:
- The spouse’s ability to meet their needs independently
- Their education and work skills, or the time and cost associated with getting enough of either to support themselves
- How long the marriage lasted
- The spouse’s contributions as a homemaker
- Infidelity or another mistreatment by either spouse
- If either spouse committed domestic violence against the other
To sum it up
Each couple’s relationship and divorce is different, as is how spousal support is determined for them. There are more factors that the court could consider in your unique case that is not listed here. That’s why it is crucial to consult with a family law attorney so that they can guide you through and help you understand the process.