When you are amid a divorce, you and your ex must make decisions about your assets, children, and alimony. State family law may allow you or your ex to request spousal maintenance in limited circumstances. However, there are many requirements involved in determining spousal support payments in Frisco, so you may benefit from working with a dedicated alimony attorney.

Our lawyer’s dedication to empowering people who are going through a divorce or separation is not just a job to him—it is in his DNA. Raised in a family of attorneys and judges, he fully understands client service and advocacy. He does not shy away from a challenge and continuously prioritizes helping people reach amicable solutions while striving to avoid drawn-out courtroom battles.

When Does a Spouse Qualify for Alimony?

As Texas Family Code § 8.051 discusses, someone needs to meet special eligibility requirements before they can receive spousal maintenance. For example, the person should be in a divorce in this state or seeking to void their marriage. In limited situations, someone could file an alimony petition after their union ends if, for example, the court that granted the original dissolution of marriage could not order the other spouse to make these payments.

The individual requesting alimony must also prove they do not have sufficient assets—e.g., money, investments, housing—to meet their essential needs. They may also need to meet additional criteria. For example, they could show the other spouse was convicted of a domestic violence crime against them during or within two years before they filed the divorce lawsuit.

Eligibility for spousal support for other reasons may require the individual to show they are unable to earn enough money and one of the following factors is true:

  • The marriage was 10 years or longer
  • The spouse has a disabling physical or mental condition that keeps them from gainful employment
  • The spouse cannot earn enough because they must devote considerable time and energy to caring for the spouses’ child with a physical or mental impairment

The person requesting alimony may also need to submit additional evidence to support their claim, like medical records indicating they have an incapacitating condition. Once the court determines the Frisco local is eligible for spousal support, the next step is identifying the kind and amount of payments they should receive.

How the Court Calculates Spousal Maintenance

Calculating alimony initially involves figuring out the type, duration, manner, and amount to award. For example, under Texas Family Code § 8.052, the court may examine each spouse’s assets, the ability of the paying person to maintain payments, and marital misconduct. Additionally, the court may note someone’s contributions during the marriage, such as raising the children or sustaining the family while the other spouse attended college.

Likewise, Texas Family Code § 8.054 indicates how long receipt of support can last, which can change based on the length of the marriage, the reason they need the assistance, and how long they may need the money. For example, the court order may be in effect for five, seven, or 10 years, depending on the marriage length and the basis for receiving maintenance. However, if the person qualifies for alimony because they have a disabling condition or are caring for a child that does, the payments may continue for longer.

Finally, Texas Family Code § 8.055 describes how the court figures out the maximum amount the person should get from their ex. For example, the spouse may not be able to receive more than $5,000 or 20 percent of their ex’s average monthly gross earnings, whichever is less. A Frisco attorney could be an invaluable asset in helping someone understand their right to receive spousal support and how to determine the appropriate amount.

Contact a Frisco Attorney for Help Calculating Alimony Payments

When you have questions about the process of determining spousal support payments in Frisco, consider working with us. There are many benefits of having access to trusted legal information and advocacy along the way.

Our founding attorney has an unwavering commitment to those going through a divorce or separation. Reach out to us today to schedule a free, no-obligation consultation.

Meet Matt Towson

Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.

Meet Matt Towson
Meet Matt Towson
Meet Matt Towson