Spousal Support or Alimony

 

            In Colorado, either spouse has the right to ask the court to award them post divorce spousal support, commonly called alimony, under certain circumstances.  Colorado law limits these circumstances, as well as the amount awarded and duration of payment. If you do fit the criteria, you need an attorney who can help you to petition the court for the relief you need to get back on your feet after a divorce. 

            If you believe you are eligible for post divorce spousal maintenance, or if someone is seeking spousal maintenance from you, call me to discuss the details.  The regulations on spousal maintenance in Texas limit it to a very select group of circumstances.  Among the factors taken into account are as follows in the statute:

“A) The amount of each party's gross income;

(B) The marital property apportioned to each party;

(C) The financial resources of each party, including but not limited to the actual or potential income from separate or marital property;  and

(D) Reasonable financial need as established during the marriage.. If you call me, I can help you to determine whether or not you fall into one of these categories, and how much support you may be able to receive.“

I can also help to defend you if someone is erroneously seeking support from you.  I understand that divorce can be a contentious and expensive process, and you need to be sure that you are not required to give more than your fair share.  Call me today with your spousal maintenance defense questions- the first consultation is free.

The statute also gives the following guidance, along with the length of the marriage, that will determine the amount of support:

“I) The financial resources of the recipient spouse, including the actual or potential income from separate or marital property or any other source and the ability of the recipient spouse to meet his or her needs independently;

(II) The financial resources of the payor spouse, including the actual or potential income from separate or marital property or any other source and the ability of the payor spouse to meet his or her reasonable needs while paying maintenance;

(III) The lifestyle during the marriage;

(IV) The distribution of marital property, including whether additional marital property may be awarded to reduce or alleviate the need for maintenance;

(V) Both parties' income, employment, and employability, obtainable through reasonable diligence and additional training or education, if necessary, and any necessary reduction in employment due to the needs of an unemancipated child of the marriage or the circumstances of the parties;

(VI) Whether one party has historically earned higher or lower income than the income reflected at the time of permanent orders and the duration and consistency of income from overtime or secondary employment;

(VII) The duration of the marriage;

(VIII) The amount of temporary maintenance and the number of months that temporary maintenance was paid to the recipient spouse;

(IX) The age and health of the parties, including consideration of significant health care needs or uninsured or unreimbursed health care expenses;

(X) Significant economic or noneconomic contribution to the marriage or to the economic, educational, or occupational advancement of a party, including but not limited to completing an education or job training, payment by one spouse of the other spouse's separate debts, or enhancement of the other spouse's personal or real property;

(XI) Whether the circumstances of the parties at the time of permanent orders warrant the award of a nominal amount of maintenance in order to preserve a claim of maintenance in the future;  and

(XII) Any other factor that the court deems relevant.”

Call me today for your free initial consultation if you believe you deserve spousal support or alimony, or if someone is seeking alimony from you.  I am dedicated to serving the families of Bexar and surrounding counties, and have dedicated my career to finding fair and balanced results for my clients. 

 

 

Shawn H. Smith is an experienced family law attorney serving San Antonio, Seguin, New Braunfels, San Marcos, Floresville and more.  Call today for your free consultation, available nights and weekends for your convenience.

 

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