Spousal Support

Spousal Support & Alimony

Divorce actions sometimes include having to address the issue of the support of a spouse during the pendency of the suit or post-divorce.

During the pendency of the suit, if a spouse does not have sufficient income or liquid assets under their control to pay for their living expenses or legal fees, a court has the authority to enter a temporary order for the support of the spouse requiring the other spouse to release specific funds or pay from their disposable income sufficient funds to their spouse to cover a spouse's reasonable and necessary living expenses, medical expenses, and legal fees and costs being incurred until the divorce is rendered and assets are allocated between the parties.

Helping Clients Find Financial Stability After Divorce

As a part of finalizing a divorce, the Court has the authority to award spousal maintenance (support) for a spouse if the spouse will not be awarded sufficient assets to supplement their earning ability and their earning ability is insufficient to pay their reasonable living expenses. There are many rules, terms and conditions to be considered by the Court before an award of maintenance is made. The spouses would have the opportunity to agree to an award of spousal maintenance which the Court could approve and adopt as the order of the court, or if certain criteria was met, a spouse could petition the Court for an award of maintenance over the objection of the other spouse.

Agreements to support a spouse post-divorce could be in the manner of agreed spousal maintenance as defined in our Texas Family Code, or agreed contractual alimony. Oftentimes the limitations imposed upon a court by law regarding a spousal maintenance award are more stringent or limiting than would be or could be with an agreement of the parties for contractual alimony, but the bottom-line is the same - support for an ex-spouse. Each method of support post-divorce has it own set of rules, conditions, and tax consequences that parties must be mindful of before implementing the support agreements to avoid unanticipated negative repercussions and to be sure the tax benefits expected are realized to their fullest extent.

If you are a person considering requesting support post-divorce or are anticipating that your spouse will be seeking support from you post-divorce, contact the office of Spielvogel & Spielvogel, P.C. to learn the options available to you or to your spouse for incorporating spousal maintenance or contractual alimony into your overall divorce settlement or to oppose the imposition of a maintenance award.

Contact an Experienced Family Lawyer Today

Spielvogel & Spielvogel, P.C. in The Woodlands, TX provides an extensive range of professional family law services. Whether you are currently considering divorce or simply seeking information so that you can make an informed decision for how to proceed with your family law issues,we are here to assist you. An informed decision is the best decision.

Spielvogel & Spielvogel, P.C. has been helping families in Montgomery and Harris counties with their real estate and family law needs for more than 30 years.  Call today to schedule a confidential appointment.