When a couple gets divorced in Texas, finances can be a sticking point. People will need to consider how they are going to make ends meet. Spousal maintenance can be a key part of the process. However, it can also lead to intense disagreement.
From the outset, it is important to understand state law regarding maintenance. This is crucial from the perspectives of both parties whether they are being asked to pay or are seeking maintenance.
Know the factors the court will consider for a person to meet their minimum needs
Myriad factors go into a person’s earning power. Some will have limited resources and lack the education and skills to immediately find employment to self-support.
A person who was a stay-at-home spouse and put their education and job training on hold so the other party could maximize their income will need a certain level of maintenance to meet their needs. In some instances, both parties contributed to the household. The court will need to know how much each earned, whether they can find ways to earn more, and how much maintenance would be reasonable for both sides.
The maintenance order could be of a specified duration so the receiving party has sufficient time to gain skills and education so they can support themselves. They might have had training to work in a trade, but were off the job for an extended period and need to update their skills. They might want to go back to school to complete a professional degree. The court will need to know how long that is going to take when it determines how long the maintenance will be necessary.
Other aspects can be importance such as how long the couple was married, if there are age and health issues, and the possibility that there was abuse in the relationship. A spouse who is expected to pay maintenance must maintain their employment status. Willful unemployment or underemployment will not be looked upon favorably by the court.
Be prepared for the unexpected in a family law case
Although there are fundamental rules with a family law case, the court will look at the entire situation. One area in which this can be challenging is with spousal maintenance. Finances are a common obstacle for people when they are unhappy in their marriage and want to move on. Knowing how spousal maintenance is calculated and what the couple’s earnings, skills, and training will mean is essential to a case. Having experienced assistance can be beneficial to reach a positive result.