Texas Alimony Attorney in Kingwood
Alimony or spousal support refers to ongoing payments that one spouse will pay to the other during divorce proceedings (as temporary alimony) or afterward (as contractual or court-ordered alimony). In most cases, alimony is part of a contractual agreement reached by spouses during property division settlement negotiations or mediation prior to a divorce.
However, in some cases, family law courts will mandate spousal support, particularly in the case of a long-term marriage where one spouse is not able to meet his or her minimum financial needs, or due to a physical or mental disability a spouse is unable to work.
Spousal Support Based on Needs, Earning Capacity and History of the Marriage
Call or e-mail the law offices of H. Steven Byers, Attorney at Law & Mediator, to schedule a consultation regarding alimony and your divorce. Discuss whether spousal support (alimony) is appropriate or is likely to be expected by the judge that handles your Texas divorce. Questions that will be taken into account in determining whether you or your spouse should pay or receive alimony may include the following:
- Has the wife or husband been dependent on the other spouse as a stay-at-home homemaker, caregiver of children or otherwise less than fully employed during the marriage?
- How long have the parties been married?
- Is the wife or husband incapacitated, due to a physical or mental disability, and unable to support him/herself?
- Is there a large gap in income of two working spouses? And if so, can the spouse making the smaller income support herself or himself?
- Did the spouse making the smaller income "put the other one through" medical school, law school or some other high-income-earning profession that has resulted in accumulation of a sizable marital estate?
- Is a husband or wife, who is the custodial parent, not able to work outside the home because there is a child requiring substantial care and personal supervision because of a physical or mental disability?
How Will Property Division and Alimony Relate?
Some husbands and wives use alimony as a "wild card" or bargaining tool in property division settlement negotiations. In consultation with tax accountants, they may determine that there are tax advantages for one or both in a particular combination of asset distribution and spousal support. Individual circumstances vary. An experienced divorce lawyer such as Steven Byers in Harris County, Texas, is well qualified to facilitate and expedite consultations with CPAs and other steps that can help determine whether alimony makes sense in your case.
Contact H. Steven Byers, Attorney at Law & Mediator, to schedule a consultation regarding questions related to alimony (spousal maintenance), child custody or enforcement of alimony court orders related to your Texas divorce.
