In Texas, spousal support (also referred to as spousal maintenance) is often a sticking point in a divorce case. The spouse who was either the primary breadwinner or earned more than the partner will inevitably have concerns about how much they will be obligated to pay and for how long. The receiving party will need to know they will be able to make ends meet with help from the former spouse.
Under state law, a key part of these discussions involves the receiving party getting training and education so they can eventually support themselves and no longer need the payments. Since this is often a reason for dispute, it is important for both sides to understand the facts about this part of the maintenance order.
Know the criteria for spousal maintenance, education and training for self-support
An example might involve a homemaker or a person who put aside their career goals to raise a family while the other spouse earned the bulk of the income. When the marriage ends, the landscape is vastly different, and the stay-at-home spouse must find a way to support themselves financially.
A person requesting spousal maintenance needs to show the court that they are unable to make ends meet without it. When the receiving party needs time to gain education and training, the court assesses their goals and how long it will take to achieve them. If a person requires college or vocational training, then this will take a specific amount of time. The maintenance could cover that duration. They might have past work experience that will be relevant to their career goals.
The length of the marriage is also a key part of the determination. Those married for at least 10 years without the ability to earn enough to support themselves meet the one of the criteria to receive maintenance.
Finances and support are fundamental with any family law case
People who are getting a divorce have a lot to think about. It’s important to plan for one’s personal finances after the divorce, and maintenance can be crucial.
Whether it is from the perspective of the person who will be asked to pay or the one who will receive the payments, it is wise to have assistance from those who are experienced in all aspects of family law.