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Spousal Support

Spousal Support Lawyer in El Paso, Texas

Diligent, empathic, experienced, knowledgeable, and trustworthy are the core characteristics of our spousal support lawyers at Laine Law. If you are looking for an attorney to assist you in the complicated area of spousal support in El Paso, TX, we can provide you with the support, strategy, and tenacity to pursue justice in your case.

We have experience helping our clients through the difficult times associated with divorce, and we’re ready to help you too. Call our law firm today at 915-200-4316 or fill out our contact form here to speak with one of our diligent El Paso spousal support lawyers.

Have a Spousal Support Issue? Contact Laine Law Firm

Our El Paso spousal support lawyers make sure your voice is heard and will tenaciously help you pursue the spousal support you are entitled to.  

If you’re involved in a spousal support dispute, don’t hesitate to obtain legal representation. Laine Law Firm can help – call us at 915-200-4316 or fill out our contact form to schedule a consultation.

How Spousal Support Works in El Paso, Texas

Spousal Support in Texas can be very complicated to obtain. Each case is highly fact-specific, and before the analysis even begins on an amount, the Court must decide if the party requesting the support is qualified. 

If the Court finds that there are grounds to award spousal support, it will then review a number of factors to determine the nature, amount, duration, and payment method of support:

including:

(1)  each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;

(2)  the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking support to earn sufficient income, and the availability and feasibility of that education or training;

(3)  the duration of the marriage;

(4)  the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;

(5)  the effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

(6)  acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

(7)   the contribution by one spouse to the education, training, or increased earning power of the other spouse;

(8)  the property brought to the marriage by either spouse;

(9)  the contribution of a spouse as homemaker;

(10)  marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and

(11)  any history or pattern of family violence

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Spousal support is also known as “alimony” or “ spousal maintenance.” It is a payment by one spouse to the other to provide financial assistance for minimum reasonable needs. It can be petitioned for as part of the divorce process.

Texas law has a rebuttable presumption that neither party “needs” spousal support. However, if this is not accurate in your case, your attorney can help you to petition the court to evaluate your individual circumstances. There are specific factors and rules that the Court follows in this regard.

In Texas, spousal support can be petitioned by either party. The Court uses the following qualifications to determine if spousal support is justified:

  • The party seeking spousal support does not have the financial means to provide for their minimum reasonable needs at the time of the divorce

AND at least one of the following:

  • The supporting spouse has a family violence conviction within two years of the divorce filing date
  • The party making the request has a mental or physical disability that makes them unable to be self-supporting financially.
  • The couple was married for a minimum of ten years and the party making the request lacks the ability to meet their basic needs financially.
  • The party seeking spousal support is the custodial parent of a special needs child, and such role prevents that parent from working or earning enough income (Tex. Fam. Code Ann. § 8.051.)

In Texas, temporary spousal support may also be awarded, even if you would not meet the requirements for post-divorce maintenance.

Spousal support is extremely complicated and specific to the facts of your case. Evidence must be provided to show a need for the support; it is not automatically granted.

Spousal support is an income-based calculation with a number of factors that affect the amount and duration.

It is important to note that Texas law limits the amount of spousal support. The Court has the authority to order a maximum amount of $5000 per month or 20% of the spouse’s average monthly gross income, whichever is less.

Texas law caps spousal support duration between 5-10 years based in general on the length of the marriage.