San Antonio Spousal Support Attorneys
We at the Higdon, Hardy & Zuflacht understand that a divorce can mean overwhelming changes to your daily life and routine. One of the most important concerns following a divorce is how to avoid lessening either party’s quality of life. Spousal support is an important aspect of ensuring each spouse can continue living as they choose. Often, when a married couple separates, the party earning a higher income must pay support to the other party, either temporarily or permanently.
Courts consider several different factors when making decisions regarding spousal support. For that reason, it is critical to have a competent team of attorneys on your side representing you in these matters. Our team at the Higdon, Hardy & Zuflacht has a thorough understanding of Texas law, so you can trust us to provide you with stellar representation.
How to Qualify for Spousal Support
A court can order one spouse to pay spousal support to another if the spouse seeking support is unable to adequately provide for themselves and if one of the following applies:
- One spouse is found guilty of committing domestic violence against the other or their child
- One spouse is unable to financially support themselves due to a physical or mental disability
- The marriage lasted ten years or longer and the spouse seeking support is unable to earn enough to provide for their basic needs
- The spouse seeking support has custody of a child from the marriage who requires special care due to a physical or mental disability
Unless the court finds a history of domestic violence, it will begin with a presumption against an order for spousal maintenance, which means the court will assume spousal support is not necessary until proven otherwise. The spouse seeking support must be able to prove that he or she has put in sincere effort to find a job and otherwise be able to care for their needs before seeking support.
If the court does find that spousal support is appropriate, the next step is to determine the amount of support that is necessary. The judge will consider the contribution each spouse made to the other, including financial resources; education level; employment skills; acts of adultery; and payments to the other’s education or employment. The amount of spousal support will vary greatly depending on these factors, but a monthly payment cannot exceed $5,000 or 20% of the paying spouse’s average monthly income, whichever is the lesser amount.
How long the marriage lasted determines the duration of the support. However, if circumstances such as a disability exist, the spouse paying support could be required to pay that support for as long as the condition exists.
The team at the Higdon, Hardy & Zuflacht is here to help you navigate through the complicated aftermath of the dissolution of a marriage. Particularly when children are involved, it is important that a divorce does not result in a low quality of life. Call us today at (210) 306-4471 so we can discuss the specifics of your case and see if you qualify for support.