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Galveston & Brazoria

Kemah, TX Alimony Lawyer

We help people in Galveston & Brazoria Counties navigate divorce and family law matters with confidence — whether in or out of court.

kemah tx alimony lawyer

If you’re going through a divorce in Kemah, TX, you may have questions about alimony and how it could impact your financial future. At the Law Office of Aimee Stritchko, we understand that this can be a challenging and emotional time.

Our experienced family law attorneys have a deep understanding of Texas alimony laws and are committed to helping you achieve a fair outcome. We’ll take the time to listen to you, answer your questions, and develop a personalized strategy to protect your rights and interests. With our support and advocacy, you can approach the alimony process with greater clarity and confidence.

What to Know About Alimony in Texas Divorce Cases

Alimony, also known as spousal maintenance or spousal support, is a court-ordered payment from one spouse to the other following a divorce. In Texas, alimony is governed by Chapter 8 of the Texas Family Code. The purpose of alimony is to provide financial support to a spouse who lacks sufficient resources to meet their minimum reasonable needs.

There are three main types of alimony in Texas:

  1. Temporary alimony: Paid during the pendency of the divorce process to help the recipient spouse meet their basic needs.
  2. Rehabilitative alimony: Paid for a set period to allow the recipient spouse time to acquire education, training, or work experience to become self-supporting.
  3. Indefinite alimony: Paid long-term in cases involving disability or other exceptional circumstances where the recipient spouse is unable to become self-supporting.

To be eligible for alimony in Texas, the requesting spouse must demonstrate a lack of sufficient property to provide for their minimum reasonable needs and one of the following:

  • The paying spouse was convicted of or received deferred adjudication for a criminal offense constituting family violence within two years of the divorce filing or during the pendency of the divorce.
  • The recipient spouse is unable to earn sufficient income to meet their minimum reasonable needs due to an incapacitating physical or mental disability.
  • The marriage lasted 10 years or more, and the recipient spouse lacks the ability to earn sufficient income to meet their minimum reasonable needs.
  • The recipient spouse is the custodian of a child of the marriage who requires substantial care and personal supervision due to a physical or mental disability, making it necessary for the spouse to not be employed outside the home.

Factors Considered in Alimony Determinations

When determining whether to award alimony and the amount and duration of payments, Texas courts consider various factors outlined in Section 8.052 of the Texas Family Code. These factors include:

  • The length of the marriage
  • Each spouse’s resources and ability to provide for their own needs
  • The age, employment history, earning ability, and physical and emotional health of the spouse seeking maintenance
  • The effect of child support payments on the ability of the paying spouse to meet their own needs while paying alimony
  • Acts by either spouse resulting in excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community property
  • Contributions by one spouse to the education, training, or increased earning power of the other spouse
  • Property brought to the marriage by either spouse
  • The contribution of a spouse as a homemaker
  • Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage

Our Kemah, TX alimony attorneys have a thorough understanding of these factors and will work diligently to present a compelling case on your behalf.

How a Kemah, TX Alimony Attorney Can Help

At the Law Office of Aimee Stritchko, our skilled alimony attorneys provide comprehensive services to assist you throughout the divorce process. We can help you in the following ways:

  1. Assessing eligibility: We will review your unique circumstances to determine whether you may be eligible for alimony under Texas law.
  2. Negotiating agreements: Our attorneys are skilled negotiators who can work to reach a fair alimony agreement through mediation or collaborative law, helping you avoid costly litigation.
  3. Presenting your case in court: If an agreement cannot be reached, we will vigorously represent your interests in court, presenting compelling arguments to secure an alimony order that meets your needs.
  4. Modifying and enforcing orders: If circumstances change after your divorce, we can assist you in seeking a modification of an existing alimony order. We can also help you enforce an alimony order if your ex-spouse fails to make required payments.

Alimony Modifications and Enforcement

Life is unpredictable, and sometimes alimony orders need to be modified to reflect changed circumstances. Under Section 8.057 of the Texas Family Code, an alimony order may be modified if there has been a material and substantial change in the circumstances of either party. This could include job loss, a significant change in income, or a change in the recipient spouse’s needs.

If your ex-spouse fails to pay court-ordered alimony, our attorneys can help you enforce the order through contempt of court proceedings. To minimize the risk of enforcement issues, we work diligently to draft detailed alimony provisions in your divorce decree, clearly outlining the obligations of both parties.

Alimony in High Net Worth Divorces

High net-worth divorces often involve complex financial considerations when it comes to alimony. Our attorneys have extensive experience handling high-asset divorce cases, including those involving:

  • Business valuations
  • Complex property division
  • Prenuptial and postnuptial agreements

We employ strategic approaches to protect your assets and achieve fair alimony outcomes in high net worth cases. Our goal is to ensure that your financial interests are secure both during and after your divorce.

Tax Implications of Alimony Payments

It is important to understand the tax implications of alimony payments, as they can significantly impact your financial planning. Under the Tax Cuts and Jobs Act (TCJA), alimony payments are no longer tax-deductible for the paying spouse or considered taxable income for the recipient spouse for divorces finalized after December 31, 2018.

Our attorneys stay up-to-date on changes in tax laws and work closely with financial advisors and CPAs to structure alimony agreements in a way that optimizes tax benefits within the bounds of the law. We strive to ensure that your alimony arrangement is not only fair but also tax-efficient.

Schedule a Consultation with a Kemah, TX Alimony Attorney

If you are facing a divorce in Kemah, TX, and have questions about alimony, it is essential to seek the guidance of an experienced family law attorney. At the Law Office of Aimee Stritchko, we are dedicated to providing personalized legal advice tailored to your unique situation.

During your initial consultation, we will take the time to listen to your story, answer your questions, and discuss your goals for your divorce. Together, we will develop a strategic plan to pursue an alimony outcome that best fits your needs and protects your financial future.

Don’t navigate the complexities of alimony alone. Contact the Law Office of Aimee Stritchko today to schedule a consultation with a knowledgeable Kemah, TX alimony attorney. Let us put our experience and skill to work for you as we guide you through this challenging time with the compassionate support and powerful advocacy you deserve.

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