What Makes a Good Spousal Support Agreement

Recently, a man took his spousal maintenance dispute to the Court of Appeals because while he was paying spousal maintenance payments of $1,250 a month to his ex-wife, she started living with another partner. Even though spousal support usually ends when the recipient remarries, there is no hard law on what happens when the recipient enters into a relationship and starts cohabitating with another partner.

Nevertheless, there is a presumption that when a person starts cohabitating with another partner and is receiving spousal maintenance at the time, there is less of a need for spousal support. While these types of loopholes may exist, it is very important to note that a good spousal support agreement may mean the difference in what circumstances bring an end to court ordered spousal maintenance. A Houston divorce lawyer can make sure that your rights are protected in these types of matters.

The courts discretion in Houston spousal support cases

The court has a lot of discretion when ordering spousal support before a divorce is finalized. However, courts have to follow very strict guidelines after the divorce is granted. As the law is hard to navigate at times, a Houston family attorney can help navigate through the Texas code to make sure that your rights are protected when it comes to spousal support.

How an attorney can help with a spousal support agreement

Before a marriage, a Houston family attorney can help you draft a prenuptial agreement that will set out the spousal maintenance terms and obligations if there is a divorce in the future. Once a divorce occurs, a Houston divorce attorney can help you determine the circumstances under which a spousal maintenance agreement would be terminated and modified. These circumstances include remarriage, cohabitation and future inheritance situations.

The difference between alimony and spousal maintenance

In Texas, spousal maintenance can be court-ordered, but courts cannot order alimony as it is a contractual agreement between the parties. Alimony is usually included in an Agreement Incident to Divorce that is incorporated into the Final Decree of Divorce. A Houston divorce attorney can go through all the elements of spousal maintenance and alimony with you to see what type of support you’re eligible for or what type of support you may have to pay.

Let a Houston divorce law firm make your divorce process become as easy as possible and make sure that you’re not left without support or paying more than you should under law.

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