When you are seeking a divorce in Texas, and you are the financially dependent spouse in the relationship, it is likely that you will also be seeking spousal maintenance, also known as alimony, and possible Social Security.
However, you should be aware that while alimony orders come at the conclusion of a divorce proceeding, in some cases, you may be able to receive an order for temporary spousal support in Texas. A Texas divorce lawyer can work with you to understand what a temporary spousal support order is and how to obtain one.
What is temporary spousal support?
A temporary spousal support order and post-divorce maintenance order are not the same things; the former applies while the divorce is pending. Usually, you can request and order for temporary spousal support if, without the support, you would be unable to manage financially or your financial status quo will discontinue.
An interim spousal support order can last the duration of the divorce proceedings, or for a much shorter time, such as three months, depending upon the circumstances of your case. A temporary spousal support order can help the financially dependent spouse to maintain his or her standard of living until the divorce is complete or/and the spouse can obtain employment.
Factors Considered in Determining a Temporary Order for Spousal Support
Unlike traditional alimony, Texas’ Code of Civil Procedure does not address orders for temporary spousal support. However, to some extent, the same factors in Texas Family Code Title I, Section 8.052 are applicable.
- Each spouse’s ability to provide for oneself
- Education, and employment skills of the spouse seeking maintenance
- The standard of living established during the marriage
- The earning ability of the maintenance-seeking spouse
If the person who is seeking maintenance is unable to pay for his or her expenses during the duration that a divorce is pending, it is likely s/he will receive a temporary spousal support order. Furthermore, if the court does not believe that the spouse seeking maintenance can earn his or her income, the temporary order may last the entire duration of the pending divorce.
Request Temporary Spousal Support Today
The Texas Divorce Lawyer can help if you are in the middle of a divorce and need economic support from your ex. For a consultation to discuss your financial needs and your pending divorce, call 214-265-7630 today.