We Can Explain How the Awarding of Alimony in San Antonio Works
When seeking a divorce in the state of Texas, you and your soon-to-be-ex-spouse will need to go through a number of steps. Dealing with division of property and with the well-being of the children can create significant disagreements. One of the most frustrating aspects of negotiating a divorce settlement, however, can be settling any alimony or spousal support payments, called “spousal maintenance” in Texas.
The idea behind spousal maintenance is a good one – it can help both ex-spouses be financially secure. When one spouse will be unable to financially support himself or herself after the divorce, the payment from the more financially stable spouse helps the other spouse who is preparing to find a job and a career. However, this payment also can seem unfair at times. Perhaps you are facing a situation where your spouse is seeking a far larger payment than you believe is fair or than you believe you can afford. Or perhaps your spouse is refusing to pay you a fair amount of alimony.
We have experience with a wide range of spousal support cases. For a consultation about the case you are facing, contact Amsberry Law Firm today at (210) 354-2244.
We Will Help You Understand the Way San Antonio Spousal Support Negotiations Work
Although “alimony” is a common term in use throughout the United States for describing payments that one spouse makes to another spouse after a divorce, the state of Texas uses the term “spousal maintenance,” as spelled out in Texas Family Code Title 1. Spousal maintenance and spousal support each have their own meanings in the state of Texas.
- Spousal maintenance: This is a court-ordered payment that one spouse makes to another after the divorce. If one spouse refuses to make the payment, the court can enforce it as a court order.
- Spousal support: This is a negotiated payment that the two spouses agree to as part of the divorce settlement outside of a court room. Although this payment is not subject to a court order, it can be a binding payment. Our San Antonio spousal support lawyer recommends that you and your ex-spouse treat a negotiated spousal support payment like the binding terms of a contract.
- Alimony: The state of Texas does not use the term alimony in its legal documents. Alimony is an unofficial term for spousal maintenance and spousal support payments.
Many people, even those in the state of Texas, will use these terms interchangeably when discussing a divorce. Just know that when discussing the legalities of your case, the Texas courts will use the specific legal definition of these terms. Regardless of what terminology you use to describe these payments, trust that our San Antonio spousal support lawyer will use the facts in your case to try to ensure that you receive the fairest possible treatment.
Who Is Eligible to Receive Payments for Alimony in San Antonio?
Either spouse is eligible to receive spousal maintenance payments after a divorce. According to Texas Law Help, one spouse can become eligible to receive spousal maintenance in Texas in a few different ways.
- Lack of means: If one spouse will not come out of the divorce settlement with sufficient income or property to support his or her reasonable needs for living, a spousal maintenance award is possible.
- Disability involved: If one spouse has a disability or is caring for a child with a disability, that spouse likely will be unable to work or earn a living, meaning the awarding of a spousal support payment is a likely outcome.
- Lack of earning ability: If one spouse has not been working while taking care of children or because the other spouse did not want him or her to work, the first spouse may not have the ability to obtain a job right after the divorce. A spousal support judgment is likely in this case.
- Violence: If one spouse committed violence against the other spouse, the spouse who performed the violent act may need to pay alimony.
Each case has its own unique facts that will apply, so these are only guidelines. Just because a friend of yours did not have to pay alimony in San Antonio, it doesn’t mean that you will receive the same result in your case. Our San Antonio spousal support attorney will use our beneficial strategies from past cases similar to yours to argue on your behalf. But we always will tweak our focus and techniques to fit your particular case and your desires for the results.
Our Spousal Maintenance Lawyer in Texas Can Help You Determine the Length of Time Alimony Will Last
The payment of alimony in San Antonio will last a certain amount of time, depending on a few factors. Generally, barring unusual circumstances, a marriage must last at least 10 years for the court to order alimony payments.
- 10-to-20-year marriage: For a marriage of this length, the state’s guidelines call for spousal maintenance payments in Texas of five years or less.
- 20-to-30-year marriage: For a marriage of this length, spousal maintenance payments may last up to seven years.
- 30 years or longer marriage: For a marriage of this length, the court may award alimony payments for up to 10 years.
If one spouse committed violence against the other spouse, this can affect the length of time for the payment. Other factors also will play a role in the exact amount of time that alimony payments will last. Remember, these are only guidelines. Our spousal support lawyers in San Antonio can help you present facts to the court that show why payments should last for a different amount of time than the guidelines suggest.
We Will Collect Facts to Present to the Court
If the court is going to order spousal support payments, it will start with the state guidelines for determining when one spouse is eligible to receive payments and for how long the payments will last. Because these are only guidelines and not iron-clad rules, however, there is wiggle room in all these determinations and rulings from the court. Some of the factors that can affect the court’s decisions include:
- Education level for each spouse
- Work history for each spouse
- Child support payment amounts one spouse is making
- Contributions of each spouse toward raising the children
- Marital misconduct, which may include adultery, abandonment, drug abuse, or infidelity.
If any of these factors apply in your divorce, you can trust that our San Antonio spousal support lawyer will present them to the court, seeking to help you receive a favorable judgment regarding alimony.
Our San Antonio Alimony Lawyer Will Help You Develop a Negotiation Strategy
Additionally, the two parties have the right to negotiate spousal support payments outside of the state guidelines, if desired. The two parties can set up an amount of payment and a length of payment that differs from the state guidelines during negotiations.
If you would like to negotiate a spousal support payment, rather than allowing the court to order a spousal maintenance payment, our San Antonio alimony lawyer can help. Through negotiations, you can achieve a certain outcome, rather than allowing the court to make the determination. We also can negotiate for the length of time that the payments will last.
Our San Antonio Spousal Support Attorney Can Help If Your Ex-Spouse Refuses to Pay
After we reach an alimony negotiation result with your spouse, he or she may give you the agreed payments for a while. Suddenly, though, the payments may stop. You rely on these payments to help you live your life. Trust that our spousal support attorney will take the steps necessary to make sure the payments resume.
We can request that the court garnish the wages of your spouse. This typically happens automatically from the start, but if your spouse changes jobs, it could cause a problem with the system. We can make sure the payments start again. We also can file a motion with the court to force your ex-spouse to begin making payments again and to send you past money owed.
Our San Antonio Spousal Support Lawyer Can Help You Renegotiate the Alimony Payment
If your spouse who is making the alimony payments receives a promotion at work or takes a new job, his or her income may increase significantly. You have the right to seek an increased alimony payment in a case like this. Our team will ask the court to take another look at your ex-spouse’s financial situation, determining whether an increase in payments is appropriate.
Along those same lines, our San Antonio spousal support lawyer can help you if you are the one making the alimony payments. If your employer suddenly cuts your hours at work, a reduction in the payments you must make is fair. We can help you seek this reduction through the courts or through negotiations.
Should your spouse move in with someone else, greatly reducing his or her living expenses, you also may be able to seek a reduction in payments. Or should your spouse obtain a job and begin earning an income, a reduction in the payments you are making for alimony would be appropriate. Determining San Antonio spousal support can be a challenging process, but you can be certain our team will work with you every step of the way.
Our San Antonio Spousal Support Lawyer Can Help With All Aspects of Divorce
We Understand the Challenges of Going Through a Divorce and of Determining Alimony Payments
At Amsberry Law Firm, our team has significant experience in all aspects of divorce law in the state of Texas. We know that the determination of alimony can be a highly emotional process that can stir up hard feelings from past disagreements. Trust that our San Antonio divorce attorney will represent your interests in a professional manner, and we will demand the same treatment for you from your spouse’s representatives.
Rather than allowing old arguments to sidetrack the negotiations, we will keep things moving forward with our professional demeanor and approach to the case. We do not have a contentious history with your spouse. With our team in the negotiating room, you may find that your spouse will avoid trying to start arguments and will maintain a cordial attitude that helps move the negotiations along.
Our Spousal Support Lawyers in San Antonio Are Ready to Help With All Parts of Your Case
No matter what type of representation you need from the divorce and family law attorneys at Amsberry Law Firm, we are ready to help. Our firm started more than 25 years ago, and we go out of our way to give our clients the best possible level of service. We know that divorce is stressful. By representing you during all aspects of your divorce, including in determining the proper amount of San Antonio spousal support, our team will seek to help you start your new life on the best possible footing.
Starting a new life after the divorce is challenging. Let our San Antonio spousal support lawyer handle all the legal aspects of divorce for you, giving you time to focus on the other parts of your life. For a consultation on your case, call us today at (210) 354-2244. We serve the entire San Antonio area, as well as the surrounding counties.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
