Divorce is a transitional time in a person’s life, which can be more than challenging for spouses who relied on financial support during their marriage. For this reason, Texas law allows a lower-earning spouse to collect alimony, commonly known as “spousal support” or “spousal maintenance.” Eligibility largely depends on the requesting spouse’s inability to earn enough money to meet their “minimum reasonable needs.”
At Cook Law, we know that a person requesting spousal support does so out of necessity, not greed. Our divorce lawyers in San Antonio, TX, can help if you are seeking spousal support and need to understand what you may need to qualify.
Criteria to Qualify for Spousal Support in San Antonio, TX
Texas Family Code §8.051 does state that a spouse may be eligible for spousal maintenance, also known as spousal support, if the spouse requesting maintenance would lack sufficient property, including the spouse’s separate property, upon the dissolution of the marriage.
Texas spousal support is decided on a case-by-case basis, with the requesting spouse lacking the resources to be financially independent. The court will consider each party’s financial resources, education and employment skills, and the feasibility of the seeking spouse obtaining the appropriate training and education to earn a sufficient income.
However, there are certain situations in which the court is more inclined to award spousal support, which include if the seeking spouse:
- Is unable to earn sufficient income due to a physical or mental disability
- Has been married to the other spouse for at least 10 years and lacks the training or education to earn sufficient income
- Is taking care of a child of the marriage who has a physical or mental disability, and the spouse’s caregiving responsibilities prevent the spouse from earning sufficient income
The court will only award spousal support for the period during which the spouse cannot earn enough money to provide for their “minimum reasonable needs.” If spousal support is sought due to insufficient income and other limiting factors do not apply, the spouse seeking support must show they made diligent efforts to find work. Additionally, the court will only permit support payments for a limited period based on the length of the marriage.
What Factors Does the Court Consider in Awarding Spousal Support?
According to Texas Family Code §8.052, the court will consider the following eleven factors before determining a spousal support award:
- Each spouse’s ability to provide for themselves, taking into consideration their financial situation upon divorce
- The education and employability of each spouse, the availability and feasibility of acquiring additional training, and the expected amount of time to complete training to earn sufficient income
- Length of the marriage
- The age, employability, and physical and emotional health of the spouse seeking support
- Ability of each spouse to cover their basic needs while providing child support payments (if applicable)
- Either spouse’s contribution to excessive spending, destroying, or fraudulently selling marital property
- The contribution of either spouse to the education, training, or increased earnings of the other spouse
- Any property that either spouse brought to the marriage
- The contribution of a spouse as a homemaker
- If either spouse committed adultery during the marriage
- Any history of domestic violence
Collecting Spousal Support
Proving to the court that you qualify for spousal support can be a complex process. You will need to demonstrate your financial need along with your inability to work or to find work. Suppose your education and training suggest that you are employable. In that case, you will need to show the judge that you made diligent efforts to find employment but were unsuccessful in securing work.
When you work with Cook Law, we do the heavy lifting for you. Our San Antonio, TX, divorce attorney will work with you to gather the necessary information to demonstrate your minimum expenses and the income you can earn. Demonstrating your need will increase the likelihood that you will receive a larger support award for the maximum possible period under the law.
Speak with Our San Antonio, TX, Divorce Lawyer Today
If you are seeking spousal support, Cook Law would like to speak with you. We realize that spousal support is a necessary stepping stone as spouses attempt to navigate their finances independently. If you are finding yourself in need of financial assistance post-divorce, do not hesitate to reach out to our San Antonio, TX, divorce attorney. To schedule a consultation, we can be reached online or by phone at (210) 740-0281.