fort worth family law attorney

Spousal Support / Maintenance Attorney in Fort Worth, Texas

In certain cases, a wife may seek financial support from her husband following a divorce, commonly referred to as alimony, spousal support, or spousal maintenance. This involves a legally mandated payment that the husband makes to the wife post-marriage dissolution. Typically, if the husband was the higher earner or the sole provider, the likelihood of alimony claims increases. The amount of alimony can vary significantly, influenced by the disparity in spouses’ incomes and the duration of the marriage.

Strategies to Minimize Spousal Support Obligations

For husbands anticipating a future divorce, several strategies could be considered to minimize potential alimony payments:
  • Cut down on current living expenses;
  • If already separated, establish a pattern where the wife manages her finances independently with minimal to no financial assistance from the husband;
  • Work towards reducing debt;
  • Support the wife in obtaining employment or furthering her education;
  • Increase involvement and time spent with children;
  • Explore any issues of marital misconduct;
  • Avoid any form of marital misconduct yourself;
  • Encourage recovery from any temporary disabilities; and
  • If expecting a decrease in income, consider delaying the divorce to calculate spousal support based on the lower income level.

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Eligibility for Spousal Maintenance in Texas

To qualify for spousal maintenance in Texas, the spouse seeking support must prove that they will lack sufficient property at the time of divorce to provide for their minimum reasonable needs. Additionally, one of the following conditions must be met:

  • The marriage lasted for 10 years or longer, and the spouse seeking maintenance lacks the ability to earn sufficient income.
  • The spouse seeking maintenance is incapacitated due to a physical or mental disability, preventing them from earning sufficient income.
  • The spouse seeking maintenance is the custodian of a child of the marriage who requires substantial care and supervision due to a physical or mental disability, making it necessary that the spouse not be employed outside the home.
  • The spouse from whom maintenance is requested was convicted of family violence against the other spouse or their children within two years of the date of the filing of the divorce or while the divorce is pending.

How Much Spousal Support is Generally Awarded in Fort Worth?

The amount of support is generally limited to the lesser of $5,000 per month or 20% of the spouse’s average monthly gross income.

Duration of Spousal Maintenance

Spousal support in Texas is meant to be rehabilitative in nature, intended to support the recipient spouse until they can become self-sufficient. The duration of spousal maintenance in Texas depends on several factors including the length of the marriage. It ranges from 5 years for marriages lasting between 10 to 20 years, up to a maximum of 10 years for marriages of 30 years or more. However, the duration can be indefinite if the spouse seeking maintenance has a disability that prevents self-sufficiency.

Contact Boyd Family Law Today. We Fight for the Rights of Fathers!

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Jon R Boyd is a smart, skilled divorce attorney who helps fathers. If you’re looking for a divorce attorney in the Fort Worth area to help to protect your rights in a divorce or spousal maintenance matter, contact Boyd Family Law today.

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We can help you through this difficult time in your life. Just contact us today, and Mr. Boyd and his seasoned staff will give you the benefit of our experience and knowledge to help you decide which course of action is best for you and your children.