Will I Have To Pay My Wife Spousal Maintenance When I File For Divorce?
Will I have to pay my wife spousal maintenance when I file for divorce?
It is a complicated and fact-specific inquiry that requires knowledge of the law, knowledge of the facts and as an attorney experienced in how to present your case. When you are seeking to have payments ordered or conversely seeking to have them denied there are many facets to this issue. First, we must clarify there are two distinct areas that must be articulated to clear up confusion – if the issue of spousal payments is being addressed before the trial on the merits or final decree, it is termed temporary spousal support. If the issue of spousal payment is being addressed at trial on the merits or for the final order, it is spousal maintenance. As a general rule, spousal maintenance is more difficult to qualify for and the courts have typically been more hesitant to award and when done, typically limited in time and amount to whatever the facts dictate as reasonable and necessary. However, temporary spousal support is a much looser category, not confined by arbitrary statutory requirements established by the Texas Family Code and very difficult to challenge or modify if an unfavorable amount is ordered.
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