Types Of Spousal Support
Know Your Rights and Options in Spousal Support
Divorces
Divorces encompass every area of your life. A client’s finances, family, employment, and all personal and business assets accumulated during the marriage. Getting a divorce is a grueling experience, but having an Alchemy Attorney walk this rocky road alongside will give you comfort to deal with the curve balls this unfortunate situation brings. We will always seek a harmonious and smooth solution in a familial, thoughtful kind of way because we believe harmony is the best path for this service.
Types of Spousal Support
Most people think of alimony as court-ordered financial support that one spouse pays to their former spouse after divorce. Texas no longer has a financial remedy within Family Law called alimony, it is now called Spousal Support and there are a variety of spousal-support options: 1) Temporary Spousal Support, 2) Spousal Maintenance, and 3) Contractual Alimony.
Temporary Spousal Support
Temporary Spousal Support provides a spouse with financial support based on the needs, expenses, and financial obligations of the parties during the pending of the divorce. One spouse pays this support to the other until the divorce is final. Sometimes, this obligation is terminated even before then, depending on the circumstances of the case.
This type of support is awarded during the divorce proceedings and is intended to assist the lower-earning spouse with immediate financial needs. Temporary spousal support helps maintain the financial status quo until a final decision on spousal support is reached. The benefits of temporary spousal support include:
- Financial Stability: It ensures that both spouses have the means to cover their expenses while the divorce is ongoing.
- Preservation of Lifestyle: It allows the lower-earning spouse to maintain a similar standard of living during the divorce process.
Spousal Maintenance
The second type of spousal support is Spousal Maintenance, also called Rehabilitative Support. This type of financial support (like the third type) allows a spouse to receive periodic payments from the former spouse’s income after finalizing the divorce. However, the difference between this and contractual alimony is that spousal maintenance is a court-ordered payment, and it is only ordered in certain circumstances.
Rehabilitative support is provided for a specific period to aid in the recipient spouse becoming self-supporting as quickly as possible following the divorce. This type of support is generally awarded when the receiving spouse needs time to acquire education, training, or skills to re-enter the job market. The benefits of rehabilitative spousal support include:
- Educational Opportunities: It enables the recipient spouse to pursue further education or acquire vocational skills necessary for securing employment.
- Transition Period: It provides a financial cushion to the lower-earning spouse as they navigate the process of gaining financial independence.
- Career Development: Rehabilitative support allows the recipient spouse to focus on building a career or transitioning into a new profession.
Contractual Support
The third type of spousal support is contractual (agreed) alimony, it allows both spouses to agree to payments of financial support as part of the divorce. This type of spousal support is often an appealing option for both parties who are trying to settle their divorce because it allows for more flexibility on the amount and frequency of payments. Furthermore, this option allows one spouse to have a source of monthly income for an agreed amount of time after the divorce.
It’s important to note that the availability and extent of spousal support in Texas can vary depending on various factors, such as the length of the marriage, the ability of the receiving spouse to earn an income, and other relevant circumstances. The court considers these factors when determining the type and amount of spousal support to be awarded in each case.
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