!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
The law regarding alimony in Texas is very rigid and clear and only under very specific circumstances will alimony be awarded. Your San Antonio divorce lawyer is the best person to advise you as to whether you are likely to receive alimony payments as part of your divorce, but until you meet with your lawyer, here is information that will help you get a clearer picture of whether you will be receiving alimony, or "spousal maintenance", as it is legally referred to in Texas.
In Texas you can only apply for alimony if either of the following situations is relevant to your divorce:
As you can see, these requirements really narrow the number of divorces that would have a spouse be eligible for spousal maintenance. But a good San Antonio divorce attorney, well-versed and experienced in Texas family law, including the San Antonio divorce lawyer you have selected, will be able to inform you as to your eligibility.
It is also important to note that even if you do meet the above requirements, there are still more criteria that you will need to meet before being granted spousal maintenance in Texas.
What you will likely be told during a meeting with your San Antonio divorce attorney is that the family law court will then consider all of the following points when deciding your level of alimony:
If you seek out a San Antonio divorce attorney who has experience in collaborative law, and proceed with spousal maintenance discussions in a collaborative law setting, you may find a greater willingness on the part of your spouse to support you after the termination of your marriage. Many San Antonio divorce lawyers are turning to a collaborative approach to divorce; where both parties to the divorce and their divorce attorneys physically come together to work out the details of the divorce.
Collaborative divorce is gaining popularity as it does seem to result in more amicable divorce settlements. Higdon, Hardy, and Zuflacht are San Antonio collaborative law specialists and can talk to you more about this option if you are interested. If you have issues like spousal maintenance to factor into your divorce settlement, a collaborative approach is highly recommended.
Even though there are many attorneys who specialize in collaborative law, using a collaborative law attorney does not guarantee spousal maintenance will be awarded. And even if it is, there are limits on what you will receive. Texas family law allows for alimony payments to continue for a time period determined by the length of your marriage (provided you have been married for at least 10 years) and based on a % for no more than three years and your maximum monthly payment will be $2,500 or 20% of your spouse's average monthly gross income, whichever is less. Your lawyer will tell you that if your spouse dies during the period of your alimony, your payments come to an end. Likewise, if you remarry or are living with another person in a permanent relationship, the court will decide you have forfeited your rights to alimony.
There are other nuances of spousal maintenance law in Texas that make it important to seek out a San Antonio divorce lawyer who can guide you in this area. Higdon, Hardy, and Zuflacht are San Antonio family law attorneys who can guide you in your divorce proceedings, and will work with you to decide whether it is in your best interest to seek an alimony settlement.
For more information, contact an HHZ San Antonio divorce attorney
Our clients can login to their account to access case documents and assignments and maintain close contact with their attorney.
Higdon, Hardy & Zuflacht, L.L.P.
12000 Huebner Road Ste. 200 San Antonio, Texas 78230
You can now pay your bill securely on our website