After years of sacrificing careers and personal ambitions to raise children and support their spouses, many women rely on spousal support to regain financial stability after divorce. The realities of a divorce can bring immediate financial hardships and uncertainty about the future. Call 210-942-1951 today to schedule a consultation with a San Antonio spousal support attorney who will fight for your financial security.
Texas law limits spousal support, but exploring your options for securing this important form of short-term or long-term financial support can help you secure a crucial lifeline as you rebuild your life.
At WSM Law, we focus exclusively on representing women in divorce and family law cases. Whether you need spousal maintenance during your divorce, a long-term support order, or enforcement of unpaid maintenance, we are here to help.
Texas family courts do not automatically award spousal support. To qualify for court-ordered maintenance, you must work with an attorney to prove that you are financially vulnerable or meet another qualifying condition.
Any woman who has been married for 10 years or longer and cannot meet their minimum reasonable monthly needs may qualify for spousal maintenance for up to 10 years, depending on the length of marriage. A wife who has become physically or mentally disabled during the marriage or who cares for a physically or mentally disabled child of the marriage can also seek spousal maintenance for life.
Primary caregivers for a dependent child who has special needs may also qualify. Lastly, any victim of domestic violence within the past two years can ask the courts to order spousal maintenance for life as part of the final divorce decree.
Even in cases where a judge does not order spousal maintenance, women can work with their attorneys to negotiate this type of financial support as part of their divorce agreement. Legal strategies could include:
Although Texas is fairly restrictive when it comes to ordering court-ordered spousal maintenance, there are multiple options for securing this important form of support. Working with a San Antonio spousal support attorney can help you understand your options.
The spouse faced with paying spousal maintenance often goes to considerable lengths to avoid having to pay spousal support or minimize payments. They may hide or underreport income to weaken their wife’s argument that there is a significant disparity between their wealth and earning potential.
Women are also disqualified from seeking spousal support if they do not meet the 10-year threshold, unless there is a physical or mental disability. Even when a woman qualifies for spousal support, the judge may only order minimal or short-term support.
Another challenge women face when seeking financial support is a spouse who refuses to pay court-ordered spousal maintenance. In those cases, the ex-wife may have to hire an attorney to enforce the court order, which can be a considerable financial burden.
Texas recognizes three types of spousal support, and each is designed to meet different financial needs. Temporary spousal maintenance is intended to help women pay for expenses during divorce proceedings, but not after.
Rehabilitative spousal maintenance can help a spouse re-enter the workforce by paying for job training or education. In cases where the wife is disabled or has long-term caregiving responsibilities for a disabled child, the courts may order permanent spousal maintenance, although this type of support is fairly rare.
Either party to a spousal maintenance agreement can go back to court to modify the agreement or ask that it be terminated. If the obligor believes that their ex-wife no longer needs financial help, is cohabitating with a romantic partner or has remarried, they can ask the courts to consider whether spousal support is still warranted.
Ultimately, any decision to modify or terminate spousal support payments is up to the judge presiding over the case, and the strength of the legal arguments and the evidence admitted in court can greatly influence the outcome of a modification request.
We understand the importance of securing fair spousal support settlements for women. Our San Antonio spousal support lawyers are committed to fighting for your rights and ensuring that the settlement reflects your financial needs and contributions. Our female-led legal team was founded with the expressed mission of helping women in family court matters.
If you are seeking spousal support in San Antonio, we’re here to help. Call 210-942-1951 today to schedule a consultation with a San Antonio spousal support attorney who will fight for your financial security.
Unlike child support, there is no fixed formula for setting spousal maintenance, although a court cannot order a spouse to pay more than 20% of their gross monthly income.. Judges do have the discretion to order spousal support after considering the income available to both spouses, division of marital assets, their contributions to the household, and their financial needs.
Yes. Even if you do not qualify for court-ordered maintenance, you can negotiate spousal support during your divorce. Another option would be to create a legally binding agreement outside of court through contractual alimony.
You may qualify for spousal maintenance in Texas if your husband has committed family violence within two years before filing for divorce or during the divorce process. This finding meets the basic eligibility criteria for court-ordered support, but the judge still determines the amount and duration based on the circumstances.
