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How Do I Fight Spousal Support in Texas?

Home » How Do I Fight Spousal Support in Texas?

A man signing a divorce decree with wedding rings and a gavel.For many spouses facing the daunting, costly process of a divorce, the added cost of paying spousal support can feel overwhelming. Spousal support is not always awarded, and there are strategies to mitigate or prevent it. The most effective way to fight spousal support in Texas is to work with an experienced divorce and spousal support attorney.

Talking with an attorney is also important to ensure the steps you take are permitted in the eyes of the court and the law. Some actions spouses take to limit maintenance payments are disfavored by the court and may lead to a higher amount of maintenance or a different division of property.

 

How Can the Right Attorney Help You Fight Spousal Support?

An attorney can guide you through spousal maintenance requirements and what you can do to avoid unfair payments. Your divorce attorney will use the information gathered in the proceedings to determine if your spouse has the grounds to request support.

There are several factors the court considers when determining spousal maintenance. First, your spouse must be eligible. Even if they meet eligibility requirements, they still may not be awarded maintenance. If your spouse is eligible, the court will review several specific factors about their financial and personal situation, as well as your financial circumstances.

When you work with an attorney, they can explain to the court why awarding maintenance is unfair based on either party’s circumstances. If this is not the case, your attorney can build a case to reduce the amount and duration of the maintenance. An attorney may be able to argue one of the following to lower or eliminate spousal maintenance:

  1. Your spouse can provide for their own basic needs and does not need financial support.
  2. Your spouse engaged in marital misconduct, such as adultery.
  3. Your spouse committed family violence offenses.
  4. Your spouse, after a long marriage, has made no reasonable effort to secure employment or develop skills for employment.

Your attorney may identify other relevant arguments to fight spousal support. They can also help you avoid spousal maintenance by managing your divorce outside of court, such as in a collaborative divorce or mediation sessions.

 

Can You Fight Spousal Support by Navigating Your Divorce Out of Court?

Many divorces are resolved outside the courtroom. The majority of divorces are handled in private and informal meetings between spouses and their attorneys. This can make the process less stressful and less adversarial. It is also typically less expensive.

When you negotiate your divorce outside of court, you have more control over the decisions made in your divorce agreement. Rather than leaving everything up to the court, spouses can reach compromises together and present their final agreement to the court once they’ve agreed. As long as the court determines the agreement is fair and meets other requirements, it will approve it as a court order.

In a negotiated divorce, couples can reach an agreement about spousal maintenance. This may include a lump sum payment, or the spouse who is eligible for maintenance may be provided with additional community assets in the division of property. When you navigate these discussions with an attorney, you can be certain your interests are protected. An attorney can also advise you on whether a divorce settlement is likely to be approved by the court.

 

Preventing Spousal Support Obligations With a Prenuptial Agreement

A marital agreement is a useful way to avoid paying spousal maintenance, although it is not a helpful suggestion if you are already in the process of getting a divorce. This is a proactive step couples can take to protect their own financial interests throughout the marriage and in the event of divorce or either party’s death.

Prenuptial agreements are made before marriage, and postnuptial agreements are made by married couples. They outline the rights of each spouse to assets and debts, both community and separate. During a divorce, a marital agreement can determine the division of assets. It can also outline whether either party receives spousal maintenance and what circumstances allow or prevent maintenance. These agreements are only useful if they are enforceable.

 

Protect Your Financial Future With The Love DuCote Law Firm LLC in Sugar Land

If you are facing a divorce and need to avoid unfair spousal maintenance payments, schedule a consultation with The Love DuCote Law Firm LLC by contacting us online or at 832-471-6904. Our firm can review your case and determine how to mitigate payments or prevent them altogether. We have locations in Katy, Sugar Land, Fort Bend, Houston, and Harris County, Texas.

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