Houston Alimony Lawyer
When a married couple decides that the time has come to end their relationship, there are often many different issues that must be sorted during the divorce. One of the most important concerns that must be resolved is the distribution of marital finances. In many situations, one spouse is the primary financial provider, and the other may be dependent on that person’s earnings. If this is the case with your marriage, it may be necessary to formulate an alimony agreement as part of the divorce proceedings.
At Holmes, Diggs & Sadler, we are committed to helping our clients receive the most equitable alimony arrangements possible. If you or someone you know is considering divorce and would like to learn more about the type of alimony arrangement you may be able to expect, contact our Houston alimony lawyers today at (713) 802-1777 to speak with a qualified member of our experienced legal team about the details of your situation.
Do I Need an Attorney?
Every divorce is different, and any divorce could become unexpectedly complicated. This is even truer in cases where spousal support is requested. Unfortunately, in Texas, it can be difficult to obtain alimony in a divorce. Trying to figure out this area of law on your own without a lawyer who deals with these matters every day can be complicated. Why risk failure when you can strive for success by hiring an experienced family law attorney from Holmes, Diggs & Sadler who knows family law, knows how to get results, and will get you the support and maintenance you are legally entitled to after the divorce? We will make it our mission to get you the best possible outcome for you and your family, so give us a call at (713) 802-1777 today.
Our Practice Areas
When a couple is undergoing divorce proceedings, alimony may be ordered before the divorce granted, when the divorce is finalized, and then modified after a final order has been in place for a while.
- Temporary Orders and Alimony: When a divorce petition is filed, it may be necessary to arrange a temporary alimony agreement through temporary orders. This would be alimony ordered by the court and paid during the divorce process. It is essentially alimony that must be paid even before a divorce agreement is finalized. Temporary orders are often requested in divorce cases to ensure that the status quo is not damaged. Temporary orders typically cover property and child-care concerns, but they may also include spousal support (alimony) concerns for the spouse who has not held a breadwinning position in the household. When this is the case, the temporary orders will grant alimony until the temporary orders expire through modification or, more typically, through the creation of a final order of divorce.
- Final Order of Divorce and Alimony: A final order of divorce may order alimony to a spouse for a short period of time or a more indefinite period, depending on the facts of the case. These facts include issues like an alimony seeking spouse’s disability or if there was abuse during the marital relationship. While it is difficult to obtain an order for alimony in a divorce decree, it is not impossible. Every case is different and an experienced attorney can help you obtain a final order that addresses alimony, awards such support, and ensures your best interests are served. Calling Holmes, Diggs & Sadler to talk about your case and assess whether or not your final order can or will contain an award of alimony is the first step toward success.
- Modification of Alimony in a Final Order: At Holmes, Diggs & Sadler, we are prepared to help our clients with modifying alimony. After a divorce is final, alimony may be assigned to one spouse for a period of time to help that spouse secure financial independence after the marriage. Whether your final order granted you alimony or you feel that you were wrongfully denied spousal support, we can help you modify your orders and get you the financial support you legally deserve. While the road to obtaining alimony after a final order is established can be challenging, the attorneys at Holmes, Diggs & Sadler are experts in this area and will do all that we can to help you.
Regardless of your situation, we are prepared to help you negotiate the best possible terms for your alimony agreement—before, during, and after a divorce order is established.
Variables that Affect Award of Alimony
Many factors affect whether alimony can or will be awarded in a divorce proceeding and how long the support will last. The following variables are just some of those factors and the reasoning for their impact:
- Who filed for divorce: While not impossible, if you filed for the divorce and are seeking alimony, it might be more difficult to obtain spousal support. The reason for this lies in the fact that alimony was created under the law to protect non-breadwinning spouses from being kicked out of their home and onto the streets because they could not afford to be independent of their spouse. As a result, some judges see a petitioner asking for alimony as suspicious (i.e., why would you choose to leave stability?). People who file for divorce are eligible for alimony, despite the fact they filed first. The hurdle is just overcoming an “old-school” notion about alimony and some judges’ preconceived notions. This is all the more reason to hire an attorney to handle your case if you find yourself in this situation.
- Disability: A spouse seeking alimony who also has a disability may be able to obtain an award for alimony that has a longer duration than usual. Since every case is different, it is important to speak with an attorney about your specific disability and situation to see what you may be entitled to under the law.
- The non-breadwinning spouse’s ability to find work: A judge will typically consider the employability of the spouse seeking alimony in determining whether support should be ordered in temporary orders, final orders, or even after final orders have been rendered. Judges take into consideration the ability of a spouse to find work and become financially independent when considering an award or denial of support.
- Financial abuse or control: If the spouse seeking support has been financially abused or controlled by their soon-to-be ex-spouse, the judge will weigh whether or not such circumstances warrant long-term spousal support to compensate for such treatment and limitations.
- Premarital agreements: If a valid prenuptial agreement exists and addresses alimony, a judge will take the deal into consideration when determining and ordering the alimony. If the validity of the agreement is questioned, then the battle to have support awarded will be more difficult.
Although the above is not an exhaustive list of concerns and considerations a judge will weigh when awarding alimony, it provides examples of the amount of variance in issues that will be analyzed by a judge. A judge will use the items on the list (and potentially more) to grant or deny you spousal support. Before you try to navigate these tricky and complicated legal waters on your own, contact Holmes, Diggs & Sadler at Holmes, Diggs & Sadler to schedule a consultation and determine what the strengths and weaknesses are in your case.
If you or someone you know is currently divorcing or is considering divorce, we can help you with all of your alimony questions and concerns. Hacking this area of law alone can lead to orders that are not in the best interest of you or your loved ones. Hiring an attorney who knows how to get alimony awarded is the only way to ensure success in receiving proper spousal support. Contact a knowledgeable Houston divorce attorney of Holmes, Diggs & Sadler today at (713) 802-1777 to discuss your situation with an experienced legal professional and learn more about your rights and options under the law.