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Blog 2018 November Do I Qualify for Spousal Maintenance?
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Do I Qualify for Spousal Maintenance?

Posted By Law Office of Kathryn Marteeny || 5-Nov-2018

The cost of divorce can be devastating, especially if you are asked to pay alimony or if you receive fewer assets after your properties are divided. In order to protect your interests and your possessions, make sure you know everything you need to about alimony and spousal maintenance before you begin your divorce.

About Spousal Maintenance

Spousal maintenance is a type of compensation paid from one spouse to the other after the divorce has been finalized. The maintenance payment may be designed to pay for a variety of costs associated with the divorce, including legal fees, new cost of living, and so on.

Who is Eligible?

Not everyone qualifies for spousal maintenance. In order to receive this type of compensation, one of the following must be true:

  • The individual is or was a victim of domestic abuse
  • The parent has custody of a child with special needs
  • The individual can not earn enough income to support themselves, and the marriage lasted for at least 10 years
  • The individual is unable to earn a living because of a physical or mental disability

Additionally, even if the individual meets one or more of these criteria, he or she must prove to the court that he or she requires additional funds to support him or herself.

How Much Spousal Maintenance Can I Receive?

The amount of spousal maintenance received varies significantly but is usually proportionate to the earning power of the paying spouse. Usually, maintenance cannot exceed $5,000 per month or 20% of the paying party’s total income. Spousal support payments typically last between 5-10 years, although this duration may vary.

Your Next Step

If you think you are eligible to receive spousal maintenance, our firm is prepared to help. Our experienced lawyers can review your case and determine whether or not you may request spousal maintenance and how much.

Contact the Law Office of Kathryn Marteeny today to discuss your divorce case with our Houston family law lawyers.

Categories: Divorce, Family Law, Spousal Maintenance

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