Spousal Support Lawyer Tarrant County

After a divorce, sometimes one spouse needs financial support to get back on their feet. There are many different possible arrangements when it comes to spousal support, and this can be a contentious issue in a divorce situation. It is important to note that spousal support and spousal maintenance are not the same things.

Spousal support is generally voluntary, while spousal maintenance is court-ordered and enforceable. The state of Texas does not use or recognize the term “alimony,” though this is a common term for spousal support or maintenance.

Whenever the parties in a divorce can come to agreements without having to go to court, that is preferable. Our spousal support attorney is very adept at assisting divorcing couples in coming to mutually agreeable terms, whether about spousal support or other contentious issues. If reaching an agreement is impossible, however, Ms. Cutrer has the skill and experience as a trial lawyer to represent her clients successfully in court.

If you and your soon-to-be-ex-spouse are having difficulty coming to an agreement about spousal support in Texas or if you have questions, contact our spousal support attorney today at 817-854-1651 to discuss your options.

What’s the Difference Between Spousal Support and Spousal Maintenance in Texas?

Spousal support, which is typically known as interim spousal support or temporary spousal support, is awarded during divorce proceedings and usually is paid in the form of cash support or direct payments for ongoing bills of the parties while the divorce is pending. Spousal Maintenance is a longer-term form of financial support that typically extends long past the finalization of the divorce.

Texas was one of the first states to pass a specific spousal maintenance statute. The statute is fairly strict, and the spouse seeking support must prove eligibility based on certain criteria, discussed below.

Spousal maintenance in Texas is limited to a maximum of $5,000 or 20 percent of the average monthly gross income of the spouse paying support–whichever is less. Spousal maintenance continues for up to five years for a marriage of 10 years or more, seven years for a marriage of 10 to 20 years, or up to 10 years for a marriage of 30 years or more, but for the “shortest reasonable period that allows the spouse seeking maintenance to meet the spouse’s minimum reasonable needs by obtaining appropriate employment or developing an appropriate skill.”

In other words, spousal maintenance in Texas is meant to last only long enough for the receiving spouse to gain job skills that will allow them to earn enough money to provide for themselves.

Exceptions to the time limits are made for receiving spouses who are disabled or who are the primary caregivers of disabled children.

Are There Requirements for Spousal Maintenance Awards?

In Texas, there are basically four circumstances in which a spouse is likely to be awarded spousal maintenance.

The easiest method is for both parties to agree to specified spousal support payments over a specified time period. If no such agreement can be reached, the courts may award spousal maintenance.

Spousal maintenance may be awarded if the spouse seeking maintenance or their child was the victim of family violence for which the other party was convicted or received deferred adjudication. The offense had to have occurred within two years of the divorce filing or while the divorce is pending. There is no requirement for the length of the marriage in this instance.

Another situation that may result in a spousal maintenance order is a marriage that lasted for 10 years or more, and the spouse seeking support lacks sufficient property or income to provide for their reasonable needs while at the same time serving as the caretaker of a disabled child, is disabled themselves, or lacks the ability to earn enough to meet their minimum reasonable needs in the future.

Sponsored immigrant spouses could gain spousal maintenance by enforcing the Affidavit of Support executed by the other spouse and requesting that the judge order the sponsor to provide support until the immigrant spouse becomes a U.S. citizen or until they have earned 40 credits of work history. This support is paid at 125% of the Federal Poverty Guidelines if awarded.

Is Spousal Maintenance Available for Common Law Marriages?

If a couple has agreed to be married, lives together as husband and wife, and has represented themselves as a married couple to others, they are considered married by common law in Texas. Spousal maintenance is available for common law marriages in Texas, under the same guidelines as legal marriages.

Spousal support payments may also be available to a spouse who entered a marriage in good faith but later found that the marriage was invalid due to reasons that the spouse was not aware of, such as a previous marriage that was not legally dissolved.

It is important to understand that common law marriages carry the same rights and responsibilities as traditional marriages when it comes to family law matters, including spousal maintenance. This means that if a common law marriage ends, the spouse seeking support must meet the same statutory guidelines as those in a formal marriage. Factors such as the length of the relationship, financial contributions of each party, and the ability to earn sufficient income will be considered by the court.

Additionally, because common law marriages can sometimes be harder to prove, having a knowledgeable family lawyer is crucial. The lawyer can provide legal counsel on how to establish the existence of a common law marriage and guide the spouse seeking maintenance through the legal process to ensure a fair outcome.

Determining Spousal Support

In cases where spousal maintenance is awarded, the amount and duration of support will be determined based on relevant factors, including the spouse’s employment history, physical or mental disability, and the presence of any family violence. The court aims to balance the financial stability of both parties while protecting the family’s future.

The court also considers the length of the marriage, the financial contributions of each spouse during the marriage, and the ability of the spouse seeking support to earn sufficient income to meet their minimum reasonable needs.

Other relevant factors include the age and health of the spouses, the education and employment skills of the spouse seeking maintenance, and any marital misconduct that may have contributed to the breakdown of the marriage.

Spousal support can be awarded as temporary support during the divorce process or as permanent support after the divorce decree is finalized, depending on the specific circumstances of the case. The law firm representing you can provide legal advice tailored to your situation and help ensure that the amount of spousal support is fair and just.

If you believe you are entitled to spousal support under a common law marriage or have questions about your rights, consulting with an experienced divorce attorney who specializes in family law issues can provide you with high quality legal representation and help you navigate the complexities of the family court system.

Tarrant County Spousal Support Lawyers

Many lawyers spread themselves thin over multiple practice areas, learning a little about each, but not a lot about any. Attorney Anita Cutrer is Board Certified in Family Law by the Texas Board of Legal Specialization and has practiced family law for more than 20 years as a specialty.

Ms. Cutrer accepts family law cases from Tarrant and surrounding counties only, giving her comprehensive knowledge not only of family law but also of the county courts and judges. This gives her clients the edge and leads to the most favorable outcomes possible.

With extensive experience in handling spousal support cases, Ms. Cutrer understands the intricacies of Texas spousal support laws and how they apply specifically within Tarrant County.

She is well-versed in guiding clients through the complexities of the legal process, including negotiating support agreements, representing clients during court proceedings, and advocating for their financial future.

Her deep familiarity with the family court system in Tarrant County enables her to anticipate how judges and opposing counsel typically approach spousal maintenance issues, which allows her to craft effective strategies tailored to each client’s unique circumstances. Whether you are the spouse seeking support or the paying spouse, Ms. Cutrer is committed to protecting your rights and ensuring an equitable resolution.

In addition to spousal support, Ms. Cutrer’s practice encompasses related family law matters such as child support, child custody, and property division. She recognizes that these issues are often interconnected and works diligently to address all aspects of a family law case to achieve the best possible outcome for her clients.

Contact the office of Anita K. Cutrer, Attorney at Law, at 817-854-1651 for a consultation.