Skip to Content
Request a Consultation: 817-587-6452
Top
Jackson, Landrith & Kulesz

Spousal Support

Arlington Spousal Support Lawyers

No doubt, spousal support, along with child custody, are often the most hotly debated items during a divorce. From a practical standpoint, spousal support attempts to prevent one spouse from leaving the marriage empty-handed, forced to fend for himself or herself in a working environment for which they are woefully unprepared. The reality of spousal support, however, is that when the subject comes up, tensions run high. Although spousal support is not dependent upon “fault” in the marriage, the conduct of the parties during the marriage may well become an issue. In fact, the issues which led to the couple’s decision to separate may be fully resurrected when spousal support is discussed.

Because of this, it is crucial that you have a highly experienced Texas divorce attorney from Jackson, Landrith & Kulesz, PC by your side during your divorce. We will work hard on your behalf to focus on how spousal support payments can solve future problems, rather than concentrating on why your marriage ended, and any past wrongdoing involved. When you choose Jackson, Landrith & Kulesz, PC for your divorce, you will receive highly experienced, highly skilled, and highly knowledgeable attorneys who will be on your side from beginning to end. While we are skilled negotiators, we are also aggressive litigators when the situation warrants. If you are going through a divorce, Jackson, Landrith & Kulesz, PC can help.

Will the Court Order Spousal Support in Your Case?

Spousal support, also known as alimony or spousal maintenance, is generally decided by the court on an individual basis. These include:

  • Temporary spousal support while the divorce is pending. This depends on the financial circumstances of the parties.
  • The marriage has a duration of at least ten years, and the spouse who wants spousal support does not have sufficient income or property to provide for his or her reasonable needs, or is the primary caretaker for a disabled child. One of the spouses is disabled and does not have the necessary earning ability to provide for his or her minimum reasonable needs.
  • Both spouses agree that spousal maintenance will be paid for a specific period of time.
  • The proposed paying spouse has been convicted for a domestic violence offense against the other spouse or the other spouse’s child within two years of the filing of the divorce.

How long the marriage has lasted is also a factor when awarding spousal support. The health of each spouse, as well as the age of each spouse, and how the spouses treated one another during the marriage, may also be factored into an award of spousal support. The spouse who is seeking spousal support may be required to demonstrate that he or she has searched for educational opportunities, training or employment.

However, a Texas judge can order spousal support to last for as long as the receiving spouse cannot earn sufficient income to provide for his or her reasonable needs because he or she is the caretaker of a disabled child or suffers a disability himself or herself. The court will generally not require the paying spouse to pay more than whichever of these is less: twenty percent of his or her gross monthly income per month, or $5,000 per month.

What is the Length of Time Spousal Support Will be Paid?

The length of time spousal support will be ordered to be paid will depend on the circumstances under which it is awarded.

  • If spousal support is awarded as a result of one spouse’s conviction for an offense related to domestic violence, it can remain in effect for no more than five years.
  • For a marriage that lasted between ten and twenty years, spousal support can be paid for up to five years.
  • For a marriage that lasted between twenty and thirty years, spousal support can be paid for up to seven years.
  • Finally, for a marriage that lasted more than thirty years, spousal support can be paid for up to ten years.

How Will the Court Determine Whether a Spouse Lacks Earning Ability?

In order to make the determination as to whether one spouse lack sufficient earning ability to provide for his or her reasonable needs, the court will consider a variety of factors, including the following:

  • The financial resources available to each spouse, once the asset division is complete;
  • Each spouse’s employment skills and education;
  • How long it will take for the receiving spouse to obtain the necessary education and/or training to enable the receiving spouse to earn a reasonable income, and
  • How feasible such training and/or education is at this point in the individual’s life. 

Spouses who have provided uncompensated work during the marriage, including raising children and homemaking, may receive spousal support, so they do not leave the marriage entirely empty-handed. In situations where one spouse stayed home for many years, taking care of the house and children, while the other earned a good living at his or her job, the spouse who stayed home could have missed out on educational and career opportunities, therefore is now at a disadvantage in the workplace.

Continue Reading Read Less

Why Clients Choose Us

The Right Legal Team Makes All the Difference
  • Client-Focused and Responsive Representation

    At Jackson, Landrith & Kulesz, PC, we prioritize clear and consistent communication. Our attorneys are committed to promptly returning calls and emails, keeping you informed at every step of your case.

  • Experienced Legal Advocacy Across Multiple Practice Areas
    With 60+ years of experience, we provide top-tier representation in immigration, family law, personal injury, real estate, estate planning, and business law.
  • A Dedicated Team Ready to Fight for You
    When legal issues arise, you need a team that acts fast. Our team gets to work immediately, using our expertise to protect your best interests and pursue the best possible outcome.
  • A Proven Track Record of Success

    Our firm’s long history of service to Texans speaks for itself. Clients trust us for dedicated advocacy, personalized service, and strong results—time and time again.

Let’s Discuss Your Case

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Jackson, Landrith & Kulesz at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Real Clients. Real Results.

See how We’ve Helped Clients Navigate Their Legal Challenges

At Jackson, Landrith & Kulesz, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Professional, courteous & respectful."
    Everything was expedited in a very timely manner. Ms. Brown has been a great communicator and her instructions have been clear and helpful. I have appreciated their help and counsel throughout a difficult time.
    - Former Client
    "My family will never hire a different attorney."

    My family has personally used Brooke 3 times! Each time she listened to us and made sure we understood the whole process. She fought for the things that I was entitled to but also brought me down to earth when things were not possible.

    - Former Client
    "Straightforward, genuine, and will fight to get what is right."
    Even with all of her clients, she makes sure to give our situation every bit of attention when it’s our time. I know I can call or email with questions anytime and get an answer quickly!
    - Former Client
    "A top notch attorney."
    When I met Brooke, she assured me that she would untangle all the complexities, and she did just that and more. She listened to me. I was able to get everything that I requested. I highly recommend Brooke.
    - Former Client
    "I fully recommend Brent for divorce cases."

    Brent was very instrumental in my case and was particularly good at listening to my needs. Divorce is a very sensitive matter and requires someone that understands this and works hard toward a quick resolution. I fully recommend Brent for divorce cases.

    - Christian
    "David is AMAZING & is one of the most competent family law Attorney EVER!"
    He honestly cares about the needs of his client and what’s in the best interest of the kids. I feel so blessed. I am a single father and have custody of my children, thank you David Kulesz for believing that men can be great single parents too.
    - Tony
    "One of the most brilliant, and caring lawyers."

    After consulting with numerous lawyers I decided on David Kulesz. He is one of the most brilliant, and caring lawyers. David is very competent and knows how to move quickly and strategically to protect your children, assets, and organization. I would highly recommend David.

    - Patty G.
    "He always listened to everything I had to say and was very calming in stressful situations."

    David was recommended by a family friend and I’m very thankful I chose him for my attorney in my divorce case. He always listened to everything I had to say and was very calming in stressful situations. If I ever need another lawyer there is no one else I would ever consider to represent me and my children.

    - Former Client