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An introduction to determining Texas spousal support

Determining spousal support is an important aspect of many divorce disputes, as both parties involved can be affected by the terms of the settlement for years to come. Having a basic understanding of how spousal support is addressed under state family law guidelines can be incredibly helpful to anyone facing divorce proceedings in the state. Provided below are a few key points relating to spousal support in Texas.

The Dallas Bar Association explains that Chapter 8 of the Texas Family Code defines and explains the terms of post-divorce spousal maintenance. Referred to as alimony in some states, spousal maintenance accounts for the financial support of one ex-spouse by the other, and depends on a number of case-specific factors. To begin, a person may only be eligible to receive maintenance after 10 years of marriage if the court finds that he or she lacks the appropriate amount of property to meet his or her minimum reasonable needs upon divorce. In order to be eligible for maintenance, a person must also illustrate that he or she truly attempted to provide for him or herself at the time of marriage separation and/or filing for support. People should keep in mind, however, that different stipulations apply to cases involving domestic violence.

According to Chapter 8 of the state’s Family Code, several other factors besides those discussed above are taken into consideration when determining eligibility for spousal support. They include but are not limited to:

  • The emotional and physical condition of the spouse seeking support
  • The ability and feasibility of the spouse seeking maintenance to acquire the necessary education/training to support him or herself
  • The separate assets of each spouse

While these general guidelines for determining spousal maintenance in the state of Texas apply in many cases, each divorce is different. Speaking with an attorney can be helpful to understanding one’s specific spousal support dispute.

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