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When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

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February 26, 2021

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On behalf of The Powell Law Firm

| Divorce

What Determines Spousal Maintenance in Texas?

Our Pearland divorce attorney explains what determines spousal maintenance in Texas, including when it is awarded and the amount that must be paid.

Spousal maintenance, often referred to as alimony, is among the many important issues that must be decided during a Texas divorce. Spousal maintenance awards are designed to help ensure that both parties are able to provide for themselves and recover financially in the aftermath of divorce proceedings. Our experienced Pearland, TX divorce attorney explains some of the factors involved in determining whether spousal maintenance is warranted and the amount that must be paid.

When is Spousal Maintenance Awarded in Texas?

In any type of divorce proceedings held through the Brazoria County Court, there are important issues pertaining to money, marital property, and assets that must be resolved. These have the potential to impact you for years into the future and include determining whether one of the parties should be awarded spousal support and maintenance.

Spousal maintenance helps to ensure both parties are able to provide for themselves and maintain the standard of living enjoyed during the marriage. Factors that will determine whether spousal maintenance is awarded include:

  • The length of the marriage;
  • The age and health of each party;
  • Their individual incomes and earning potential;
  • Whether one sacrificed their own career or education for the sake of the marriage;
  • Factors in the divorce, such as allegations of domestic violence or marital misconduct;
  • Whether a pre or postnuptial agreement is in place.

Pre and postnuptial agreements can limit your rights to spousal maintenance, as can marital misconduct, such as abandonment or having an affair. If you took actions that depleted marital property or assets during the marriage, it could also adversely affect your rights to spousal maintenance in divorce proceedings.

Factors That Determine the Amount of Spousal Maintenance That Must be Paid

Under the Texas Code, circumstances surrounding your marriage and divorce determine whether spousal support is awarded. Common factors a judge is likely to consider in deciding on the amount of spousal maintenance that must be paid include:

  • The total cost and the overall amount of time it will take for the spouse seeking support to obtain the education and employment skills needed to reenter the workplace;
  • The amount of pre-marital property and assets each possesses;
  • Amounts awarded through other divorce orders or agreements;
  • Each spouse’s ability to provide for their own financial needs while also providing for children of the marriage;
  • Potential tax consequences associated with spousal maintenance awards.

Discuss Your Options with Our Pearland, TX Divorce Attorney

With over 20 years of experience, Pearland, TX divorce attorney The Powell Law Firm protects your rights in important divorce-related matters, including determinations regarding spousal maintenance. Decisions regarding these matters can impact you financially for years into the future. To discuss your options, call or contact our office online and request a consultation today.

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