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Blog 2020 February Temporary Spousal Support in Texas
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Temporary Spousal Support in Texas

Posted By The Law Office of Kathryn Marteeny || 11-Feb-2020

As part of the divorce process in Texas, ex-spouses may need to engage in a spousal support arrangement so that all parties involved can exit the divorce gracefully.

At the Law Office of Kathryn Marteeny, our Houston-based legal team will work with you one-on-one to ensure you navigate your divorce successfully and reach an arrangement that fits your needs.

Establishing Temporary Spousal Support

Unlike many states, Texas doesn't have varying degrees of alimony that may be awarded to an ex-spouse during the divorce. The Texas equivalent of alimony is spousal maintenance. If one spouse demonstrates a need for financial support post-divorce and that need is upheld by the court, they may receive spousal maintenance payments from their ex-spouse. Occasionally, parties in a Texas divorce will arrange a contractual maintenance agreement out-of-court, in which one spouse pays an agreed-upon amount of support to their ex-spouse.

Unfortunately, divorces are not always amicable. In a contested divorce where tensions run high between ex-spouses, it's unlikely that either party will agree to an out-of-court spousal support contract. Additionally, contracts arranged out-of-court are notoriously tricky to uphold legally. If one party starts to neglect the contract, getting a court to enforce it may be difficult with an out-of-court agreement. A family law attorney can help you and your ex-spouse reach a mutually beneficial spousal support arrangement that you won't regret in the long-term.

In situations where one spouse is financially dependent on the other, the dependent spouse can file for temporary spousal support at the same time they file for divorce. Temporary spousal support only lasts until the divorce is finalized. Taking advantage of temporary spousal support can help both spouses retain their assets and credit scores during the divorce process.

What's the Process for Receiving Temporary Spousal Support?

To receive temporary spousal support, you need to file a Motion for Temporary Orders and request a temporary spousal support hearing. At this hearing, the court will consider several factors that determine whether or not you receive temporary spousal support, such as :

  • Your employment history and professional skillset
  • Your current income
  • Your ex-spouse's current income
  • The standard of living you've acclimated to in your marriage
  • Other relevant financial records, such as tax returns for both parties or assets that may contribute to you or your spouse's net worth

An experienced family law attorney can help you file for temporary spousal support and understand other facets of the divorce process, such as child custody and child support.

Utilizing a family law attorney when filing for temporary spousal support is particularly important because only certain documents are permitted to support temporary spousal support hearings. Certain bills or documents may be considered hearsay and negatively affect the outcome of your motion, so having a legal professional on-hand to help you understand the process and exhibit the correct documents is vital.

Receive a Consultation from Our Family Law Legal Team

For more than 30 years, our Houston-based law office has helped clients navigate the divorce process to reach mutually beneficial arrangements with ex-spouses.

You can contact our team at the Law Office of Kathryn Marteeny onlineor at (713) 936-23000 to receive a consultation today.

Categories: Divorce, Family Law

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