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Compassionate Guidance in Spousal Support Matters
Spousal support, often called alimony, can be a critical aspect of divorce, significantly impacting your financial stability and future well-being. We are dedicated to helping you achieve a fair and equitable outcome, whether you are seeking to receive support or defending against a claim.
Spousal Support (Alimony) in Texas
Spousal support, also known as alimony or spousal maintenance, is financial assistance paid by one spouse to the other after a divorce. It is intended to help the receiving spouse maintain a reasonable standard of living, particularly if they lack the resources to adequately support themselves following the dissolution of the marriage. It's important to understand that spousal support is not automatically awarded in Texas divorces. Instead, it is typically granted only in specific circumstances where certain legal requirements are met.
Who is Eligible for Spousal Support in San Antonio?
To be eligible for spousal support in Texas, you must meet specific legal requirements outlined in the Texas Family Code. Generally, these requirements include:
- The marriage must have lasted for at least 10 years. This duration is a key factor in determining eligibility for ongoing support.
- You must lack sufficient property or income to provide for your reasonable needs. The court will assess your assets, income, and ability to earn a living to determine if you are truly in need of support.
- You must be unable to earn sufficient income due to a physical or mental disability, or you must be the custodian of a child who requires substantial care and personal supervision, making it difficult to maintain employment.
Factors Considered in Determining Spousal Support
Texas courts consider a variety of factors when determining the amount, duration, and terms of spousal support. These factors provide a comprehensive picture of the circumstances surrounding the divorce and help the court reach a just and fair decision:
- The length of the marriage is a primary consideration, with longer marriages more likely to result in spousal support.
- The earning capacity of each spouse is carefully evaluated, considering their education, skills, and job market opportunities.
- The education and employment skills of each spouse play a role in determining their ability to become self-supporting.
- The age and health of each spouse are taken into account, as these factors can impact their ability to work and earn income.
- Evidence of adultery or domestic violence committed by either spouse can influence the court's decision regarding spousal support.
Types of Spousal Support in Texas
Texas law recognizes different types of spousal support, each designed to address specific needs and circumstances:
- Temporary Spousal Support: Paid during the divorce proceedings to help the lower-earning spouse meet their immediate financial needs while the divorce is pending.
- Rehabilitative Spousal Support: Paid for a limited time to allow the receiving spouse to acquire the education, training, or skills necessary to become self-supporting and financially independent.
- Permanent Spousal Support: Rarely awarded, and typically only in cases of long-term marriages where the receiving spouse is permanently disabled, unable to work, or otherwise unable to provide for their reasonable needs.
Contact Lishman Law for a free case evaluation with an attorney who can help you pursue the spousal support arrangement that is best for your future.
Schedule a free case evaluation with Lishman Law to understand your options.
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Our Team
Sarah Anne Lishman was born and raised in San Antonio, Texas, where she graduated with honors from Communications Arts High School. She earned a bachelor’s degree from Eastern New Mexico University in 2005, majoring in History and minoring in English. After obtaining her undergraduate degree, she returned to San Antonio and attended St. Mary’s University School of Law.
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Areas We Serve
Lishman Law proudly provides accessible and effective spousal support services to clients throughout San Antonio and the surrounding communities.
- Bexar County
- San Antonio
- Leon Valley
- Universal City
- Live Oak
- Converse
- Guadalupe County
- Seguin
- New Braunfels
- Cibolo
- Staples
- Schertz
- Kendall County
- Boerne
- Kendalia
- Fair Oaks Ranch
- Bergheim
- Comfort
- Atascosa County
- Pleasanton
- Poteet
- Jourdanton
- Lytle
- Charlotte
- Comal County
- Bulverde
- Spring Branch
- Canyon Lake
- Medina County
- Hondo
- Natalia
- Devine
- LaCoste
- Castroville
- Wilson County
- Floresville
- Sutherland Springs
- La Vernia
- Poth
- Stockdale
- Kerr County
- Kerrville
- Center Point
- Ingram
- Mountain Home
- Hunt
- Gillespie County
- Fredericksburg
- Luckenbach
- Harper
- Doss
- Stonewall
- Bandera County
- Bandera
- Lakehills
- Pipe Creek
FAQ
Yes, spousal support was specifically designed for stay-at-home parents who, due to divorce, must return to the workforce. Being a stay-at-home parent can be a significant factor in your favor when seeking spousal support. Texas courts recognize the contributions of spouses who dedicated their time to raising children and managing the household, potentially sacrificing their own career advancement in the process. This can be particularly relevant in longer marriages.
Our dedicated legal team can help you present evidence of your contributions as a homemaker to strengthen your claim for spousal support.
Determining income for spousal support purposes can be more complex when a spouse is self-employed. It may require a careful analysis of their business records, tax returns, and other financial documents to accurately assess their earning capacity.
We’ll use our extensive experience in analyzing complex financial situations and can work with forensic accountants to determine your spouse's true income for spousal support calculations.
Generally, if your divorce decree does not address spousal support, you cannot seek it at a later date. Non-spouses have no legal duty to financially support one another. Therefore, it is crucial to address the issue of spousal support during the divorce proceedings.
If you believe you are entitled to spousal support, it is important to seek legal advice as early as possible in the divorce process.
The tax implications of spousal support have changed in recent years. For divorce decrees executed after December 31, 2018, spousal support payments are no longer tax-deductible for the payor, and they are not considered taxable income for the recipient.
It is important to understand these tax implications when negotiating a spousal support agreement. Lishman Law does not give tax advice, but we can educate you generally on the tax consequences of spousal support and advise you to seek the assistance of a tax professional to get a comprehensive understanding based on your unique situation.
If you suspect that your spouse is hiding assets to avoid paying spousal support, it is important to take action to uncover those assets. We can use various discovery tools, such as interrogatories, depositions, and subpoenas, to investigate your spouse's finances and identify any hidden assets.
We can also work with forensic accountants to trace assets and ensure a fair and accurate accounting of your spouse's income and property.
Move Forward With Financial Stability — Call Lishman Law Today
Contact us for a free case evaluation and discover how we can help you understand your rights, protect your interests, and achieve a fair and equitable outcome in your spousal support case.