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    Spousal Support

    Austin Spousal Support Attorney - Gavel on top of pile of cash

    If one spouse was dependent on the other spouse for economic support during their marriage, it may seem logical to assume spousal support will be ordered upon the dissolution of the marriage. However, an Austin Spousal Support Attorney understands that is not necessarily the case, and in fact, there is a rebuttable presumption under Texas law that spousal support is not warranted.

    Overcoming the Presumption

    The primary issue in determining whether to order support is the ability of the spouse requesting maintenance to provide for their own minimum reasonable needs in consideration of what they were given in the divorce settlement and what they came into the marriage with. Factors an Austin Spousal Support Attorney cite as relevant include:

    • Age
    • Education
    • Employment skills
    • Training
    • Ability to acquire new training
    • Physical and emotional state

    Adultery or cruel treatment by either spouse is an additional factor which may be considered.

    Amount of Support

    Although support is awarded on an as needed basis, there is a maximum amount that can be ordered. $5000 is the ceiling, but as your Austin divorce lawyer will explain, for those whose average monthly gross income is less than $5000, the maximum spousal support is 20 percent of the average gross income.

    Duration of Support

    The standard the courts apply is the shortest reasonable period that is necessary to allow the spouse seeking support to earn sufficient income to provide for their reasonable minimum needs, but the law has specific provisions:

    • Up to five years if the marriage lasted between 10 and 20 years or the spouse requesting support was the victim of domestic violence
    • Up to seven years if the marriage lasted between 20 and 30 years
    • Up to 10 years if the marriage lasted more than 30 years

    Modification

    The order for spousal support can be modified upon a showing of a material and substantial change in circumstances and may be terminated if the spouse receiving support cohabitates with a person with whom they have a romantic relationship with.

    Contact an Austin Spousal Support Attorney for Legal Advice

    For an understanding of the factors a court looks at in awarding spousal support, call the top rated Austin Spousal Support Attorney from Nunis & Associates at (512) 236-9696.

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