Denton Alimony Lawyers
If you are going through a divorce, collecting alimony can be essential your quality of life and your ability to meet basic needs and persevere. Alimony is a topic that has far-reaching consequences, as it can be essential to helping a party regain their independence. Additionally, alimony decisions affect other things outside your relationships, such taxes. Going through a divorce can be complicated, both emotionally and financially. Knowing how to navigate the legal system and understanding how decisions are made during a divorce can be confusing and overwhelming. That is why the experienced and compassionate Denton alimony attorneys at Alexander & Associates are here to help.
The highly skilled attorneys at Alexander & Associates have been serving the Denton County area for nearly 20 years. With a focus on family law, you can trust that we have the knowledge to help you get the results you need in your alimony case. Our team of compassionate attorneys understands that getting divorced is a life-changing event that can leave you with a multitude of emotions. At a time when emotions are high, having someone by your side who is looking out for your best interest is vital. That’s why the team of experienced Denton divorce attorneys at Alexander & Associates are here to ensure that your interests are accounted for as alimony decisions are being made. Contact us today by calling (940) 320-9561, filling out a contact form, or starting an online chat on our website.
Alimony in Texas
While no one gets married with the intention of getting divorced, divorce in Texas is a common occurrence. Studies show that in 2015, there were approximately 1.6 divorces per 1,000 Texas residents. When going through a divorce, there are many important things to consider, like finances and alimony.
Alimony is also known as spousal maintenance in Texas, and it refers to an amount of money paid to a spouse after a divorce. Alimony is intended to help the receiving spouse make ends meet until they can support themselves again. There are two types of spousal maintenance in Texas: court-ordered spousal maintenance and contractual alimony.
Court-Ordered Spousal Maintenance
Court-ordered spousal maintenance means that a court can force a party to pay alimony involuntarily. While Texas law allows for this option, it is not always easy to get, it can be for a limited amount of money it provides, and it is for a limited amount of time in most circumstances. Under Texas law, when a party is seeking court-ordered spousal maintenance, the party requesting spousal maintenance must show that they cannot afford to meet their minimum basic needs. The requesting party also much show one of two other things:
- The party from whom maintenance is sought was convicted of family violence or deferred an adjudication related to an act of family violence committed during the marriage. The violence must have occurred no more than two years before the divorce proceeding or committed during the divorce proceeding.
- The party seeking spousal maintenance is unable to earn sufficient income to reasonably support themselves, and their inability is based on of the following things:
- Physical or mental disability
- The fact that they are the custodial parent of a child of the marriage who needs exceptional care due to the child’s physical or mental disability
- The marriage lasted for over 10 years.
If the party seeking spousal maintenance is unable to support their reasonable needs and can show they meet one of the conditions above, court-ordered spousal maintenance will be granted, and the court will determine an amount and duration for the payments. In determining the amount of spousal maintenance, a judge may consider the following factors:
- Each party’s financial resources after the divorce
- How paying spousal maintenance and child support (if applicable) affects each party’s ability to pay their bills
- One party’s contribution to the other’s training, education, or increased earning power
- The age, employment history, and earning capability of the requesting party
- Each party’s education and employment skills and how long it would take the requesting party to get education or training
- Whether either spouse spent or disposed of community funds inappropriately during the marriage
- Homemaker contributions
- Misconduct of either party during the marriage
- Violence on the part of either party during the marriage
While the court will consider these factors in determining the amount of spousal maintenance, the amount a court can grant in spousal maintenance is capped by Texas statute. Under Texas law, a judge may not make a party involuntarily pay spousal maintenance in excess of $5,000 per month or more than 20% of the paying party’s gross monthly income, whichever is lower.
Furthermore, the duration of spousal maintenance is limited by state law and can vary depending on factors such as the length of the marriage, disability of a child from the marriage, and disability of the requesting party.
When requesting court-ordered spousal maintenance, there are a lot of factors that contribute to a judge’s decision. Knowing how to win an award of spousal maintenance can be difficult if you are not familiar with the legalities. That is why the experienced Denton county attorneys at Alexander & Associates are here to help. Call us today at (940) 320-9561 so that we can examine your case and present you with your options.
Contractual alimony is the other option in Texas, and it is paid voluntarily by one party to the other. If the parties agree to contractual alimony, they will determine the following elements:
- The amount to be paid
- How often payments will be made
- The duration of payments
- What circumstances will reduce or end the payments
Divorcing spouses who opt for contractual alimony often do so to establish a stream of income for a party who is self-employed, under-employed, or unemployed to help them become more independent again. It can also help a party who has been a stay-at-home parent get training and education to get back into the workforce.
Whether divorcing parties agree to contractual alimony or a party must seek court-ordered spousal maintenance, the alimony process can be overwhelming and intimidating. If you are going through a divorce, you are likely already feeling extremely stressed. Do not go through this difficult period alone. Contact the Denton county alimony attorneys at Alexander & Associates today for assistance.
Divorcing parties are often faced with many difficult choices. Decisions revolving around finances and alimony are often some of the choices that will have the most impact on a party’s future. Knowing how to navigate the legal system, understanding what your rights are, and knowing what you are entitled to can be too much to deal with when going through a divorce. For help, contact the seasoned Denton county divorce and alimony attorneys at Alexander & Associates by calling (940) 320-9561.