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July 15, 2019

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On behalf of The Powell Law Firm

| Family Law

Factors That can Affect Spousal Support

There are numerous factors that could impact your eligibility for spousal support and whether it should be included as part of your divorce settlement.

Along with the emotional fallout of a breakup, the financial ramifications can impact you for years to come. If you relied on your spouse’s income to maintain financial security over the course of your marriage, you may be entitled to spousal support. The following provides important information regarding your rights to alimony or spousal maintenance and factors that could influence whether this type of order should be pursued in your divorce case.

Factors That Influence Spousal Support Awards

Under the Texas Family Code, there are certain circumstances under which you may be entitled to spousal support as part of your divorce settlement. These include situations in which your spouse was the primary breadwinner, or they squandered assets during your marriage, or you own significantly less in terms of personal property and assets. Factors the judge is likely to consider in granting an award for spousal support include:

  • The length of your marriage, your age and general health;

  • Your employment history, current income, and individual assets;

  • Whether you sacrificed your own career for the sake of your spouse or to support children of the marriage;

  • Any misconduct that occurred during your marriage, such as adultery or gambling, drugs, or alcohol addictions;

  • Whether domestic violence was a factor in seeking a divorce.

Issues to Consider When Pursuing Spousal Support

Alimony and spousal maintenance can help ensure that you enjoy the same manner of living you did during the marriage and allow you time to develop the job skills you need to reenter the workforce or to re-establish yourself in a career. It can also help offset expenses you incur while you provide for the needs of your children. However, there are two major factors that could negatively impact your ability to obtain spousal support:

  • Marital misconduct on your part: While marital misconduct on the part of your spouse could be a factor in the judge’s decision to award you spousal support, it could negatively influence the outcome if you are the one accused. Evidence that indicates you spent money on affairs, squandered marital assets supporting addictions, or generally wasted funds during your marriage could result in spousal support being denied.

  • Tax changes: Tax ramifications are another factor that can affect spousal support. Previously, the Internal Revenue Service (IRS) would allow your spouse to deduct alimony payments from their yearly federal tax returns. Under recent changes in the tax code, spousal support is no longer a valid deduction. This eliminates any financial incentive your spouse may have had for offering alimony as part of your divorce settlement.

Contact Our Pearland, TX Spousal Support Attorney

Getting the maximum amount you are entitled to in a settlement or order can help ensure your financial security in the aftermath of a divorce. The Powell Law Firm can advise you on your rights concerning alimony and spousal maintenance. Contact our Pearland spousal support attorney and request a consultation today.

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