Spousal maintenance, or alimony, is the legal term used for those who have just divorced where one spouse is ordered to pay monetary support to the other. Different from child support, alimony is specifically meant for the lesser earning spouse. Those who potentially fall under the category of alimony in Beaumont include spouses who stayed at home while the other worked, spouses who have been married for over ten years, spouses who are obligated to care for a disabled child, spouses with disabilities of their own, and even spouses who are victims of domestic violence.
Texas state law is written for alimony to be on a short term basis. The length of the marriage plays an important part in determining the amount of time the receiving spouse will collect. Alimony in Beaumont has also expanded over the last few years to include more provisions and changes.
Eligibility For Beaumont Alimony
A spouse requesting alimony in Beaumont must be eligible to receive if a court grants the request. It may not award alimony if spouse is determined to be non-eligible. In order to be eligible, the spouse requesting alimony must meet one of two criteria:
- They must lack sufficient property after the divorce is final to provide for their minimum reasonable needs. Property that is determined to be separate on their part is included in this determination.
- They must prove they are unable to earn sufficient income on their own to provide for their reasonable minimum needs. This inability to provide income can be due to a physical or mental disability, due to a duty to care for a minor child under guardianship of both spouses, or who has been married for ten or more years.
Rights of Paying Spouse
The spouse who may be ordered to pay alimony to the other also has rights in the state courts. When the receiving spouse files for support, the paying spouse may contest the other’s eligibility on the above criteria. They can also contest the amount of alimony to be paid, as well as the length of time in which it is paid.
Alimony in Texas can also be contested after the ruling should circumstances change. Reasons for amending an alimony judgement can include but are not limited to:
- Change in income for the paying spouse
- Change in income for the receiving spouse
- Remarriage of one or both spouses
- Minor children entering into adulthood
- Illness in one or both spouses
- Relocation of one or both spouses
Beaumont Alimony Lawyer
If you or someone you know is facing a divorce and has concerns about how much alimony is to be paid or received, it is important to obtain experienced legal counsel.
Our firm can handle all matters related to alimony. We also oversee every step of your case from