When you are going through a divorce, often, your world gets turned upside down. You may be uncertain about many things: what assets you’ll receive, if you will receive primary custody of your children and how you will afford to live on your own. You may hope that you will receive for spousal support (otherwise known as alimony or spousal maintenance).
But will you? What determines your eligibility for spousal support in Texas?
Spousal support in Texas
You can qualify for spousal support in Texas in three main ways:
· You can’t earn sufficient income to reasonably support your needs because of a physical or mental disability.
· You have been married at least 10 years and you lack the ability to earn enough income to meet your minimum needs.
· You will have primary custody of a child who needs substantial care because of a physical or mental disability. The amount of care your child needs prevents you from earning a sufficient income.
If you qualify for spousal support, the court will evaluate these factors to determine how much spousal support you will receive and how long you will receive it:
· What your financial resources will be after your divorce settlement
· Your education and employment skills
· If you will need additional education or training to obtain a job that allows you to provide for your needs
· Your age, your earning ability, and your physical and mental health
· Your spouse’s ability to pay for spousal support and child support
· If you worked to put your spouse through college or an advance degree program, which contributed to your spouse’s earning power
· If you spent time as a homemaker, allowing your spouse to have a higher-paying career
· If your spouse committed adultery during the marriage
· If there was a history of domestic or family violence in your home
Getting help to receive spousal support
If you feel you are eligible for spousal maintenance, you should consult a family law attorney. An attorney can review your situation and help you seek spousal support. An attorney can help show the court what factors will impact your ability to provide for your needs.
Sometimes, receiving spousal support, even if it’s only temporarily, can help you get on your feet. You can get enough financial help to better move forward with your life after divorce.