FORT WORTH METROPLEX SPOUSAL MAINTENANCE ATTORNEYS
During the process of divorce, the courts will have the power to order one partner to pay the other spousal maintenance, sometimes called alimony, in a limited amount over a limited period of time. However, spousal maintenance will only be awarded under fairly specific circumstances that are associated with the financial circumstances of both former spouses following the divorce. Spousal maintenance is an essential part of the divorce settlement, and it is critical that your best interests are fairly represented and argued in court.
At The Maynard Law Firm, PLLC, our Fort Worth metroplex attorneys understand just how important this support can be, and we can help you prepare a comprehensive legal strategy to help you ensure that you are treated fairly after your divorce is finalized. That being said, our legal team can help you pursue any course of legal action necessary to enforce or modify your spousal maintenance agreement. We have assisted families like yours through this lengthy process, and we are ready to offer our services to you. Texas marriage laws are intentionally complicated to ensure that spouses cannot abuse the court system, and you shouldn’t trust just any law firm with handling your alimony claim.
With nearly 70 years of combined legal experience, The Maynard Law Firm, PLLC has represented clients across Texas, and we are prepared to represent your interests to the best of our ability. Our mission is to represent your best interests and finalize the divorce process so that you can move on with your life. Contact The Maynard Law Firm, PLLC at (817) 335-9600, chat with us live on our website or fill out a contact form to schedule a consultation today.
WHY CHOOSE THE MAYNARD LAW FIRM, PLLC?
Your spouse will likely have legal counsel to defend their interests, and you deserve to have legal representation who will aggressively fight on your behalf. The Maynard Law Firm, PLLC understands that you need reasonable alimony payments to support yourself and others. That is why so many people in Fort Worth metroplex and the state of Texas have trusted The Maynard Law Firm, PLLC to help them with alimony claims. Once you hire us, we will work hard to make sure that your financial interests are represented in your divorce proceeding. Contact us today at (817) 335-9600 to discuss the specifics of your situation today.
TYPES OF SPOUSAL SUPPORT CASES WE HANDLE
Divorce is never easy, and often former spouses can push each other to the limit. At some point, feelings of exhaustion and simply being overwhelmed begin to develop, but don’t let that prevent you from fighting for what you are owed. The Maynard Law Firm, PLLC will work to ensure that your spousal maintenance agreement is fair and sufficient enough to live in the manner of which you have grown accustomed. We have extensive experience dealing with different aspects of alimony, including:
- Enforcing Spousal Maintenance
- Modifying Spousal Maintenance Agreements
Spousal maintenance can be a contentious issue in any divorce, but it is often necessary. We are here to help represent you and make sure that your financial situation is secure following a divorce from your spouse.
FREQUENTLY ASKED QUESTIONS
If you have questions about your specific situation, don’t hesitate to contact an experienced attorney at The Maynard Law Firm, PLLC to speak with a knowledgeable member of our legal team. We pride ourselves on communication, and we want to make sure our clients understand the legal process from start to finish. We also wanted to include a few frequently asked questions and their answers for you to review, so take a look below.
HOW ARE SPOUSAL MAINTENANCE PAYMENTS CALCULATED?
The amount and duration of financial support that is owed to a former spouse after a divorce is calculated using several different factors, and may be modified in the future by the judge. Some of these factors include:
- Financial resources
- Educational accomplishments
- Employment history
- Ability to earn money
- Taking actions to become self-sufficient
- How long the marriage lasted
- Relative earning potential of both spouses
- Health of the requesting spouse
- Child support payments
- Spending habits of both spouses
- Responsibility of the requesting spouse to care for children
It’s important to consider these factors when you schedule your consultation with your attorney.
HOW LONG WILL SPOUSAL MAINTENANCE PAYMENTS LAST?
The courts will order spousal maintenance to continue for as long as the requesting spouse meets a number of specific requirements, not to exceed statutory limits. The courts may approve spousal maintenance payments if the marriage survived ten years or longer. For other marriages that last ten years or longer, spousal maintenance may be mandated if the requesting spouse does not have the earning ability to meet their minimal needs. Depending on the individual circumstances, the spousal maintenance payments may last between three and ten years, but cannot exceed $5,000 or 20-percent of the paying spouse’s monthly income. If the marriage lasted ten years or longer and the requesting spouse is unable to work because of a physical or mental disability, the court may compel the former spouse to pay spousal maintenance indefinitely. The provision regarding spousal maintenance is always subject to change by the legislature.
CAN I ADJUST MY SPOUSAL MAINTENANCE PAYMENTS?
The court will limit spousal support payments to the shortest reasonable amount of time that allows the receiving spouse to earn enough money to cover their basic living expenses. If the spouse cannot become self-supporting, then the court may require spousal maintenance payments over a longer period of time. Spousal maintenance can be terminated if the receiving spouse remarries, lives in a permanent residence with a romantic partner, or one of the spouses dies.
IS MEDICAL INSURANCE INCLUDED AS PART OF THE SPOUSAL MAINTENANCE?
The federal law known as the Consolidated Omnibus Budget Reconciliation Act may allow individuals to retain medical insurance benefits through their former spouse’s policy. Referred to as COBRA, these benefits entitle individuals to secure medical insurance if their former spouse works for company that employs more than 20 people. The act protects former spouses by compelling these companies to offer continuation coverage during the first three years after the marriage has ended, but they can also charge fees. The cost of insurance cannot exceed two percent of the plan’s cost to employees, and the former spouse has up to 60 days after the divorce to file for COBRA benefits. Time is a factor, so contact an experienced attorney if you need help with this process.
CAN I RECEIVE SPOUSAL MAINTENANCE BEFORE THE DIVORCE IS SETTLED?
Temporary spousal support may be awarded if the requesting spouse is currently unemployed or makes significantly less than their former partner. There are no clear and definitive examples for establishing temporary spousal support, so you will need to provide detailed evidence to successfully prove your claim. An experienced spousal support attorney will be able to help you gather the information you need and may be able to secure this type of financial assistance on your behalf.
ARE THERE OTHER TYPES OF ALIMONY?
Yes. In total, there are three types of spousal maintenance that former spouses can agree upon in Texas. The first is called temporary spousal support, and it allows a spouse to receive support before the divorce is finalized. The second is known as contractual spousal maintenance. This is a common type of arrangement where both parties agree to some sort of financial support in order to settle the divorce. The third option is referred to as spousal maintenance, and it involves the court ordering a spouse to make payments for a certain amount of time after the divorce.
DO I OWE TAXES ON SPOUSAL MAINTENANCE PAYMENTS?
Tax codes no longer allow the paying spouse to deduct alimony payments from their income. If you are receiving spousal maintenance payments, the current tax code does not allocate this money as income, and you are not required to pay taxes on the amounts received. However, the tax codes are constantly changing.
CONSULT WITH AN SPOUSAL MAINTENANCE ATTORNEY IN THE FORT WORTH METROPLEX
If you have a legal concern regarding a spousal support obligation, you should reach out to one of the Fort Worth metroplex spousal support attorneys at The Maynard Law Firm, PLLC, who can help you understand all of your options before you make an informed decision about what to do next. We have the knowledge and insight to answer any of your questions during this process, and we are here to assist you today. To speak with a Fort Worth divorce attorney at The Maynard Law Firm, PLLC about your circumstances, please call (817) 335-9600 today to schedule a free initial consultation or contact their office at [email protected]