League City Alimony (Spousal Support) Attorney
Seeking Fair Alimony Orders for League City, Friendswood and Clear Lake Area Clients
Alimony laws are changing all across the United States. Alimony was enacted at a time when women often did not work, and their husbands were expected to support them financially - even after a divorce. This is, of course, an outdated way of thinking that does not apply to many modern families. Alimony is, therefore, being phased out in several different ways:
- It is more difficult to prove that you qualify for alimony at all.
- If you do qualify, your award will likely be limited in both amount and duration. It has become increasingly rare to get a permanent alimony award.
- Alimony orders can be modified based upon a change in circumstances.
It is important for all spouses to understand how alimony laws apply to their particular situation. The higher wage earner may be able to reduce alimony obligations, while the lower wage earner may have to fight harder to establish and keep alimony.
Eligibility and Restrictions
Alimony (also called spousal support or spousal maintenance) is governed by the Texas Family Code. The Code requires you to prove that you are eligible to receive alimony by establishing that you will lack sufficient property (including your separate property) to provide for your minimum reasonable needs after the marriage is dissolved. In addition, you must also meet one of the following criteria:
- An act of family violence was committed by the spouse from whom alimony is requested within two years of the divorce petition being filed (or while the case was pending)
- You are prevented from earning an income sufficient to meet your minimum reasonable needs due to:
- An incapacitating physical or mental disability
- Being the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability
- You have been married for ten years or longer and lack the ability to earn sufficient income to cover your reasonable minimum needs.
How Alimony is Calculated in Texas
The Family Code establishes a cap on alimony, at the lesser of $5000 per month or 20 percent of the paying spouse’s average monthly gross income. This does not mean that a recipient is automatically entitled to the maximum amount of alimony. The court looks at a number of factors to determine what amount of alimony is appropriate in a particular situation. These largely focus on each spouse’s earning capacity and the duration of the marriage, but they also include misconduct (such as domestic violence, adultery, or cruel treatment). Alimony is determined on a case by case basis, supported by a judge’s subjective interpretation of many subjective factors. This is why it is so important to be represented by a skilled divorce lawyer whenever you are facing an alimony issue.
Experienced Alimony Lawyer for League City Area Cases
Attorney Rob Musemeche is experienced in all types of alimony matters. He has helped many Texas clients protect their rights in alimony cases, and he can help you, too. Contact us online or call 281-475-4145 to schedule your consultation.