Galveston County Alimony Lawyer
One of the most hotly contested issues in many divorce proceedings is whether one spouse will be required to pay alimony to the other party. This can be a difficult issue to resolve and the result can have a significant financial impact on all parties. Establishing whether spousal maintenance is appropriate, and if so, how much is fair for all parties, can be stressful and confusing, so if you live in Galveston County and have questions or concerns about your own divorce proceedings, please contact the experienced Galveston County alimony lawyers at Lindamood & Robinson, P.C.
Eligibility
Only parties who can establish that they satisfy eligibility requirements are able to receive spousal maintenance. To demonstrate eligibility, a party must prove that:
- He or she lacks sufficient assets when the divorce is finalized to provide for his or her minimum reasonable needs; and
- The paying spouse was convicted of or received a deferred adjudication for an act of family violence that was committed during the last two years of the marriage or while the divorce was pending.
A party may also be able to receive an award of spousal maintenance if he or she can provide proof of a lack of funds and evidence that:
- He or she has an incapacitating physical or mental disability;
- He or she is the custodian of the couple’s child who requires special care due to a disability; or
- The couple was married for over ten years.
If a spouse cannot establish proof of eligibility, he or she will be unable to receive court-ordered spousal maintenance.
Additional Factors
In order to determine the nature, amount, duration, and manner of payments, the court will assess a series of factors, including:
- Each spouse’s ability to provide for his or her minimum reasonable needs independently;
- The education and employment skills of each spouse;
- The duration of the marriage;
- The age, employment history, earning capacity, and physical and emotional condition of the spouse seeking maintenance;
- Excessive spending or fraudulent disposition of assets by either spouse;
- Whether one spouse contributed to the education, training, or earning power of the other spouse;
- Whether either spouse brought any separate property to the marriage;
- Whether one spouse was a homemaker;
- Any history of family violence;
- Any marital misconduct by the parties; and
- The effect on each party’s ability to meet his or her needs while providing child support or spousal maintenance.
In Texas, there is a general presumption that maintenance will not be awarded if the party seeking alimony has not attempted to:
- Earn enough income to provide for his or her needs; or
- Develop the necessary skills required to provide for his or her needs during the separation or while the divorce was pending.
Contact an Experienced Galveston County Alimony & Spousal Maintenance Lawyer Today
Whether you’re seeking spousal maintenance or attempting to avoid making unfair monthly payments, grappling with the financial issues of alimony can be stressful, so if you are involved in a divorce and have concerns about your own finances, please contact the lawyers at Lindamood & Robinson, P.C. by calling 713-654-2112 to schedule a consultation.
