Spousal Support Attorney in McAllen, TX

Navigating the intricacies of spousal support can be daunting, especially when you're already dealing with the emotional turmoil of a divorce. When you find yourself facing these challenges, it's essential to know that you're not alone in this journey. Having an experienced attorney by your side can make all the difference, guiding you through the process and ensuring your rights are protected. My firm, The Law Office of Aaron Fonseca, proudly assists clients in Edinburg, McAllen, Mission, and Rio Grande Valley, Texas. 

Overview of Spousal Support in Texas 

Understanding spousal support is critical for several reasons. First, if you're going through a divorce or separation and you've been the lower-earning spouse or have put your career or education on hold for the sake of the marriage, you may be entitled to receive spousal support. This financial assistance can help you maintain a similar standard of living to what you were accustomed to during the marriage. 

Secondly, if you're the higher-earning spouse, it's crucial to understand that you may be required to provide financial support to your former partner. This obligation can significantly impact your post-divorce financial situation. 

Moreover, Texas law has specific criteria to determine who qualifies for spousal maintenance, how much they receive, and for how long. These factors include the length of the marriage, each spouse's ability to provide for their needs, and whether family violence has occurred, among others.

Furthermore, the amount of support ordered by the court is capped in Texas—it may not exceed $5000 per month or 20% of the paying spouse's average monthly gross income, whichever is less. Being aware of these limitations can help manage expectations and plan for the future. 

Lastly, it's important to know that spousal maintenance orders aren't set in stone. They can be modified if there's a material and substantial change in circumstances. However, until a modification is officially made by the court, the existing order must be strictly adhered to. 

In a nutshell, understanding spousal support is essential to ensure your financial rights are protected and to help you plan for your future after divorce. Whether you're potentially the one receiving or paying, it's a complex matter where legal guidance from a family law attorney is extremely beneficial.  

Defining Spousal Support 

Spousal support, commonly known as alimony, is a financial provision one spouse makes to the other during or after a divorce. It's designed to help the recipient spouse maintain a lifestyle similar to what they enjoyed during the marriage. In Texas, this financial assistance is referred to as "spousal maintenance" or simply "maintenance." 

Types of Spousal Support 

There are two primary types of spousal support in Texas: temporary and permanent. Temporary spousal support is awarded during the divorce proceedings and serves as a financial bridge until the final settlement. On the other hand, permanent spousal support kicks in after the divorce is finalized and may continue for a predetermined period or until specific conditions are met. 

Who Is Entitled to Alimony/Spousal Support? 

In Texas, spousal support isn't an automatic entitlement. The court considers several factors when determining eligibility, including the length of the marriage, each spouse's financial resources, their ages, health status, and earning potential. Spousal support tends to be more likely in cases where one spouse has a significantly lower income or lacks the ability to financially support themselves. 

Determination of Type, Amount, and Duration 

It is important to note that the type, amount, and duration of spousal support is crucial to understand. That way, the paying spouse can understand their responsibilities and the receiving spouse can apply the support to their living situation accordingly.  

Factors Considered 

When deciding on the type, amount, and duration of spousal support, the court evaluates various factors. These include the financial needs of the spouse seeking support, the other spouse's ability to pay, both spouses' education and employment history, and each spouse's contributions during the marriage. The court's objective is to ensure the support order is fair and reasonable based on the case's unique circumstances. 

When Spousal Support Ends 

The duration of spousal support varies depending on the circumstances. It may be temporary, lasting only until the divorce is finalized, or long-term, continuing for a specified period or until certain conditions are met. Furthermore, the court can modify or terminate spousal support if there is a significant change in circumstances, such as the recipient spouse getting remarried or the payer experiencing a substantial decrease in income. 

Making Changes to a Current Spousal Support Agreement 

If you have an existing spousal support agreement but need to make changes due to significant changes in circumstances, it's possible to modify the agreement. For instance, if either spouse's financial situation has drastically changed or if the original arrangement no longer meets both parties' needs, you can request a modification. At The Law Office of Aaron Fonseca, I can help guide you through this process.