Austin Spousal Maintenance Attorney

Understanding Spousal Maintenance

In the state of Texas, alimony is referred to as spousal maintenance. Chapter 8 of the Texas Family Code describes maintenance as "an award in a suit for dissolution of marriage of periodic payments from the future income of one spouse for the support of the other spouse". In other words, spousal maintenance is the financial support and assistance one spouse will be providing to the other spouse once the marriage has been dissolved.

There are factors judges and courts will use to determine whether or not spousal maintenance should be awarded. When filing for an uncontested divorce, it is important you are aware of these factors and take them into consideration when preparing your divorce. Eligibility for spousal maintenance under §8.052 of the Texas Family Code use these criteria for determination:

• Each spouse's ability to provide for their own minimum reasonable needs independently, with a consideration of their financial resources at the time of the divorce;
• The education and employment skills of each spouse, and the time that will be necessary to get sufficient education or training that will enable them to earn sufficient income, as well as the availability and feasibility of the necessary education;
• The duration of the marriage;
• The age, employment history, earning ability, as well as the physical and emotional condition of the party seek spousal maintenance;
• The effect on each party's ability to provide for themselves and their minimum reasonable needs while paying child support payments or maintenance, if this is applicable;
• Any acts by either party that have resulted in excessive or abnormal expenditures or destruction, concealment or fraudulent disposition of their community property, joint tenancy or other property that is owned by both;
• The contributions made by one spouse to the education, training, or the increased earning power of the other;
• The property that was brought to the marriage by either party;
• The contributions made by the spouse who was the homemaker;
• Any marital misconduct, including adultery or cruel treatment by either party in the divorce;
• Any history or pattern of family violence.

If you have questions about spousal maintenance, or you are filing for an uncontested divorce and you need legal representation, contact an experienced Austin uncontested divorce lawyer fr om Menduni Martindill, PLLC as soon as possible. Our attorneys understand that it can be difficult to determine the amount of spousal maintenance. We also know how important it is to protect your interests and rights in such matters. We are here to provide you with the professional, compassionate and effective legal guidance you deserve.

Spousal Maintenance Lawyer in Austin

Our firm represent s clients facing all types of divorce-related issues. Our attorneys have an in-depth understanding of the uncontested divorce process and how spousal maintenance relates. Even if you and your spouse have come to amenable agreements on all aspect of your divorce, we recommend you consult with a knowledgeable lawyer prior to filing your Final Decree of Divorce. Doing so could save you a lot of time, money and unnecessary frustration. When you contact our firm, we will take the time to understand your objectives, review your case, answer any questions you may have, and advise you on the best course of action to pursue. We have a number of cost effective packages designed to fit any situation or budget.

Our firm and attorneys are active members of the State Bar of Texas Family Law Section, the Austin Bar Association Family Law Section, and the Collaborative Law Institute of Texas. One of our primary attorneys is Board Certified in family law. She has also been named by Texas Monthly Magazine as a Super Lawyer Rising Star.

If you have questions about spousal maintenance, or you need legal representation and services relating to an uncontested divorce, contact an Austin spousal maintenance attorney at our firm.