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Dallas Father’s Rights & Spousal Support

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Spousal Support Overview

In the state of Texas, one of the issues spouses will have to address when they are getting divorced is the issue of spousal support.  In Texas, both men and women are allowed to ask for spousal support as they have equal marital rights.  Spousal support payments, or alimony, are paid by an independent spouse to a dependent spouse on either a temporary or a permanent basis.

When determining the type, amount, length and manner of spousal payments, the courts will consider the following factors:

  • the duration of the marriage
  • the income of both spouses
  • the role of each spouse throughout the marriage
  • the education level of each spouse
  • the occupation of each spouse
  • each spouses’ age and health
  • the distribution of the marital assets

Temporary Spousal Support

Temporary spousal support is usually awarded in cases where one spouse is currently unemployed or is earning significantly less than the other spouse.  In cases involving temporary spousal support, the dependent spouse must demonstrate what his/her financial needs are and must also prove that the independent spouse has the means to support those financial needs. 

Permanent Spousal Support

Before any spouse can receive permanent spousal support in the state of Texas, he/she must be able to prove one of the following:

  • the independent spouse was convicted of domestic violence or abuse within 2 years of the divorce petition being filed
  • the marriage lasted 10 years or longer and that the dependent spouse lacks the means and/or resources to provide for him/herself financially through employment
  • the marriage lasted 10 years or longer and the dependent spouse lacks enough property to provide for his/her basic needs and he/she is the primary conservator for a child who needs his/her supervision, which prevents him/her from obtaining employment
  • the marriage lasted 10 years or longer and the dependent spouse lacks enough property to provide for his/her basic needs and he/she lacks the income earning capacity to provide for his/her basic needs

Dallas Spousal Support & Father’s Rights Legal Advocates

If you would like to speak with an experienced Dallas family lawyer about spousal support, contact our law firm to set up an initial consultation.

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