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Alimony Lawyers

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Alimony Attorneys Serving Central Texas

Alimony, also known as spousal support or maintenance, is often awarded to one party to another during a legal divorce situation. The court can look at and examine all aspects of a divorce case to determine alimony decisions. There are many forms of alimony, and the court must consider many factors before making a final decision. It could be temporary, rehabilitative, or spousal support, or it can last permanently. If youā€™re going through a divorce, an Alimony Attorney from The Carlson Law Firm can walk you through what to expect during your court case.

Our alimony lawyers serve the following counties:

At The Carlson Law Firm, we strive to provide the help that clients require during difficult legal situations. You will need to ensure that your well-being is cared for succeeding a divorce, and our firm is here to help. We can help you through this situation, so contact one of our offices in Killeen, Temple or Round Rock for a free consultation. We serve clients in Williamson, Bell, Coryell, Lampasas and Milam counties.

How is an Alimony Award Determined?

This periodic payment from one spouse to another can take place if one spouse was convicted of a criminal offense that pertained to an act of family abuse within two years prior to the date which the divorce case was filed. If the divorce was 10 years or longer and the spouse that desires maintenance does not have sufficient property or assets, they may be entitled to a substantial award. If the spouse seeking an award clearly lacks the ability to earn money, financial support can be required. The Court considers the following

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Financial Resources
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Age & Health of Spouses
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Employment Skills
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Duration of Marriage
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Spending Habits
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Marital Misconduct

Divorce in Texas FAQs

Divorce law encompasses the legal framework governing the dissolution of a marriage. It encompasses various aspects, including the grounds for divorce, property division, spousal support, child custody and visitation, child support, and the termination of marital rights and obligations. Divorce law aims to ensure a fair and equitable resolution of these issues while protecting the interests of all parties involved, particularly children.

Generally speaking, the duration of alimony payments depends on the type of alimony awarded and the court’s ruling. It can be temporary, rehabilitative (to help a spouse become self-sufficient), or permanent (rare and usually reserved for long-term marriages). Payments may end after a specified time or upon certain events, such as remarriage or the death of the recipient.

Yes, alimony can often be modified if there is a significant change in circumstances for either party, such as a job loss, a substantial increase in income, or a change in the recipient’s needs. The court must approve any modification.

If an ex-spouse fails to pay alimony, the recipient can seek enforcement through the court. This might involve wage garnishment, fines, or other penalties for the non-compliant spouse. Schedule a free consultation with an alimony lawyer to get started on ensuring enforcement.

You can request alimony as part of your divorce proceedings. Your attorney will file the necessary paperwork, and the court will evaluate your eligibility based on your circumstances and state law.

Yes, alimony is gender-neutral. Either spouse can request alimony if they meet the criteria, regardless of gender.

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Our Family Law Lawyers

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Steve Walden

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Cassandra Golder

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Cheryl Powell

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Roxanne Martin

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E. Alejandro Lopez

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Alimony in Texas: Understanding the Rare Exceptions

Receiving alimony in Texas is relatively rare compared to other states. Texas law imposes strict eligibility requirements, making it challenging for most individuals to qualify for spousal maintenance. However, in specific circumstances, courts may award alimony to ensure financial fairness following a divorce.

Why Is Alimony in Texas Rare?

Texas prioritizes self-sufficiency, meaning that courts generally expect both spouses to support themselves after a divorce. Alimony is only awarded when one spouse demonstrates an inability to meet their basic needs without financial assistance. Even then, the courts limit the amount and duration of alimony to encourage independence.

When Can You Receive Alimony in Texas?

Though uncommon, alimony in Texas may be granted in cases such as:

  • Long-Term Marriages: The marriage lasted 10 years or longer, and one spouse lacks sufficient income or resources to support themselves.
  • Family Violence: The paying spouse has been convicted of domestic violence or received deferred adjudication within two years of the divorce filing.
  • Disability: A spouse has a physical or mental disability that prevents them from earning an adequate income.
  • Caring for a Dependent: A spouse is the primary caregiver for a child with a disability, making self-support impractical.

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How to Navigate Alimony in Texas

Because receiving alimony in Texas is uncommon, itā€™s essential to consult with a skilled attorney who understands the nuances of Texas family law. At The Carlson Law Firm, we evaluate your case, help build your argument for spousal support, and guide you through the legal process. If you believe you may qualify for alimony, contact us today to learn how we can help.

Marital Asset Division in Texas

Splitting property in Texas

Navigating a divorce in Texas can be complex, especially regarding property division. Texas is a community property state, meaning all assets acquired during the marriage are generally considered jointly owned and subject to equitable division. This does not always mean a 50/50 split, as courts consider various factors including each spouse’s earning capacity, future financial needs, and contributions to the marriage. Seeking guidance from an experienced divorce lawyer is crucial to protecting your interests and ensuring a fair distribution of assets. Our legal team has extensive experience in property division, including high-net-worth dissolutions, and is dedicated to advocating for your rightful share.

Separate Property in a Divorce

In Texas divorce proceedings, the division of assets and debts is governed by the concept of community property and separate property. Community property encompasses assets and debts accumulated during the marriage, while separate property refers to assets acquired prior to the marriage. Examples of separate property include gifts and inheritances received by one spouse, retirement benefits accrued before the marriage, and business shares owned prior to the marriage and kept separate throughout. However, assets acquired within the marriage related to a pre-marital business are typically considered marital property subject to division in a divorce. It is crucial to consult with a qualified divorce lawyer to understand the specific legal implications of these concepts and ensure a fair and equitable distribution of assets and liabilities in a divorce.

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