Can you get Spousal Support in Bexar County?
Yes, spousal support (also known as spousal maintenance or alimony) can be awarded in Texas under certain circumstances. Here’s how you can obtain spousal support in Texas:
Eligibility Criteria
To be eligible for spousal support in Texas, one of the following conditions must typically be met:
1. **Marriage Duration**: The marriage must have lasted at least 10 years, and the spouse seeking support must lack sufficient property or income to provide for their minimum reasonable needs.
2. **Disability**: The spouse seeking support has a physical or mental disability that prevents them from earning sufficient income.
3. **Care for a Child**: The spouse is the custodian of a child from the marriage who requires substantial care and supervision due to a physical or mental disability, preventing the custodial parent from earning sufficient income.
4. **Family Violence**: The spouse seeking support was a victim of family violence committed by the other spouse during the marriage or while the divorce suit was pending.
Factors Considered
When determining the amount and duration of spousal support, the court considers several factors:
– The financial resources of the spouse seeking support
– The education and employment skills of both spouses
– The time necessary for the spouse seeking support to obtain education or training to become self-supporting
– The age, employment history, earning ability, and physical and emotional condition of the spouse seeking support
– The duration of the marriage
– The ability of the spouse from whom support is requested to meet their own needs and provide support
– Any history or pattern of family violence
– Contributions by one spouse to the education, training, or increased earning power of the other spouse
– Property brought to the marriage by either spouse
– Contributions as a homemaker
– Marital misconduct, including adultery and cruel treatment
Process
1. **Filing for Divorce**: Spousal support is typically requested during the divorce process. The spouse seeking support should file a petition for divorce that includes a request for spousal maintenance.
2. **Temporary Orders**: During the divorce process, either spouse can request temporary spousal support to provide financial assistance until the final divorce decree is issued.
3. **Final Divorce Decree**: The court will decide on the request for spousal support as part of the final divorce decree, considering the eligibility criteria and factors mentioned above.
Duration and Amount
– **Duration**: Spousal support is generally limited in duration. The length of time for which support is awarded depends on the circumstances but typically ranges from 5 to 10 years. In cases involving disability or a child requiring substantial care, support may be awarded for a longer period or indefinitely.
– **Amount**: The amount of spousal support is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.