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Can I Seek Spousal Support Before Divorce is Finalized?

Can I Seek Spousal Support Before Divorce is Finalized?

  • Divorce

It is possible to be awarded spousal support before a divorce is finalized. Spousal support before a divorce is finalized is typically referred to as pendente lite support. This means the case is pending. This type of support may be broken down in multiple ways, including a portion as being spousal support and a separate portion being child support, in cases with minor children. If you are seeking financial support and need legal advice, our family law attorneys are here to help you. Reach out to us today to learn more about your options for temporary spousal support.

Will the court order spousal support in my case?

Spousal maintenance is decided on a case-by-case basis. There are basically four ways in which a spouse can get an award of spousal maintenance:

  1. The spouse from whom spousal maintenance is sought has been convicted or received deferred adjudication for a family violence offense against the other spouse or the other spouse’s child within two years of the filing of the divorce or while the divorce is pending. The duration of the marriage is irrelevant.
  2. The marriage has lasted for at least 10 years and the spouse seeking spousal maintenance lacks sufficient property or income to provide for her reasonable needs AND is either a) disabled or b) primary caretaker of a disabled child, or c) lacks earning ability to provide for his or her minimum reasonable needs.
  3. The parties can agree that spousal maintenance be payable for a certain time period.
  4. If a spouse is a sponsored immigrant, he or she could enforce the Affidavit of Support executed by the other spouse and request that the Court order the sponsor to provide the immigrant spouse 125 percent of the Federal Poverty Guidelines until the immigrant spouse becomes a U.S. citizen or until he or she has earned 40 credits of work history.

How does the Court decide if a spouse lacks earning ability to provide for his or her minimum reasonable needs?

The Court will consider all the relevant factors, such as:

  • Financial resources available to each party once their property is divided by the court,
  • The education and employment skills of the spouses,
  • The time necessary to obtain sufficient education or training to enable the spouse to earn sufficient income, and
  • The availability and feasibility of such training.

The Court will also look at factors such as the duration of the marriage, the spouse’s health and age, and how the spouses treated each other. The Court will make a decision on spousal maintenance based on the above factors and anything else that might be important.

The spouse seeking spousal maintenance will also have to demonstrate that he or she has diligently searched for employment, training, and educational opportunities. The due diligence requirement does not apply in cases where the Affidavit of Support is being enforced.

How long will spousal maintenance be paid?

  1. If a spouse is awarded spousal maintenance because the other spouse has been convicted or received deferred adjudication for a family violence offense within two years of the filing of the divorce or while the divorce was pending, OR the marriage lasted for at least 10 years but less than 20 years, the spousal maintenance award may not remain in effect for more than five years.
  2. If the marriage lasted for at least 20 years but less than 30 years, the spousal maintenance award may not remain in effect for more than seven years.
  3. If the marriage has lasted for 30 years or more, the spousal maintenance award may not remain in effect for more than 10 years.

However, the Court may order that spousal maintenance remain in effect for as long as the spouse is unable to earn sufficient income to provide for his or her minimum reasonable needs because of a disability or because he or she is a caretaker of a disabled child.

How does the court determine how much maintenance is paid?

There is no formula to tell you how much spousal maintenance you will be awarded.

Generally, the court may not require that the spouse who is ordered to pay spousal maintenance pay more than the lesser of $5,000 or 20% of his or her gross monthly income.

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Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

 

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Houston, TX 77092
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Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. 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Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. 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We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. 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