Helping You Get Financial Support From Your Spouse After A Divorce
Some people think that spousal support is awarded to enable spouses to maintain the lifestyles they enjoyed while they were married. In reality, spousal maintenance awards in Texas have no bearing on lifestyle.
When spousal maintenance is awarded to a spouse, it is to help ensure his or her minimum reasonable needs are met while they seek employment or education to enable that spouse to obtain employment after a divorce.
In Texas, there are formulas that can be used to determine spousal support, and there are upper limits to award amounts. There are also factors set out in the Texas Family Code which are a guide for the trial court in determining whether the award of spousal maintenance is warranted. Further, our lawyers are familiar to the approach area judges take to the award of maintenance.
The lawyers at Prater & Ridley Attorneys At Law are well-versed in family law and are available to educate our clients about the support payments they can expect to pay or receive.
Spousal Support Considerations
Although spousal maintenance is based on a formula, judges have complete discretion in determining whether to award it. Factors the judge may consider include:
- Whether a spouse is a homemaker
- Whether a spouse is at fault in the break-up of the marriage
- The needs of each spouse
- How much property each spouse is receiving
- What the spouses have done to make themselves marketable, such as education or pursuit of a job
- THe existence of assets awarded to the spouse in divorce to provide for that spouse’s minimum reasonable needs
In cases of high-asset divorce, alimony payments may be necessary to take advantage of tax laws. Because of their complexity, however, there is always a need for an attorney who understands the law and will fight for the best possible outcome for their client.
Prater & Ridley | Your First Choice After A Divorce
Whether you are the spouse making a request for alimony after a divorce or the spouse being asked to pay, you want someone in your corner with the experience and legal knowledge necessary to get a fair outcome.
One of our co-founding attorneys, Carol E. Prater, is a board certified family lawyer* in the state of Texas and practices exclusively in the area of family law. Her experience and specialization in family law help her look at situations objectively and understand how judges may rule.
Mrs. Prater, with the assistance of the client’s certified public accountant, can advise you on whether the voluntary payment of contractual alimony or an agreement to pay maintenance would be advantageous when considering the federal tax laws.
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*Certified by the Texas Board of Legal Specialization