Do I Qualify for Temporary Spousal Support Arlington TX Spouses Are Awarded?
The ability to receive spousal support – also referred to as alimony or spousal maintenance – can make a substantial difference in whether or not the spouse decides that they want a divorce. In many situations, the spouse is financially dependent on the other spouse, such as a stay-at-home parent with young children at home, and would be unable to support themselves or their children if they decided to end the marriage.
But temporary spousal support will allow the spouse to get on their feet and figure out what they will do for income once the divorce is over. In some cases, the spousal support may be extended beyond the divorce being final. An Arlington TX divorce lawyer can discuss all the different options which may be available in your situation. In the meantime, the following is a brief overview of how spousal support often works.
Reasons for Temporary Spousal Support
Although the words are used interchangeably, there is often a difference between alimony and spousal support. Each legal option has a different purpose than the other, even though they may appear to be the same thing.
In most cases, alimony is awarded when the marriage has been a long-term one and the receiving spouse did not work outside the home. The focus of the spouse was taking care of the family and home, while the other spouse was the primary breadwinner and provider for the family. Alimony is often permanent or long-term, although there may be stipulations for why it will end, such as if the receiving spouse remarries or the paying spouse retires.
Spousal support serves a different purpose than alimony since it is only supposed to be a temporary benefit. Because if it temporary, it is awarded more often than alimony. The purpose of paying a spouse temporary spousal support is to enable them to maintain the same quality of life as when the couple lived together.
For example, if the paying spouse moved out of the family home, the judge overseeing the divorce could order a temporary spousal support order in an amount that would cover mortgage or rent, vehicle payments, food, utilities, insurance, and any other debt obligations the couple has. It is also not uncommon for the court to set an amount for temporary child support at the same time they set the temporary spousal support order.
In some cases, the temporary spousal support order may be extended beyond the conclusion of the divorce. This can happen if the receiving spouse is attending an educational institute in order to receive training for a better paying job. The court will examine all pertinent facts before making that decision.
Until recent changes in federal tax laws, the receiving spouse was required to claim any spousal support or alimony as income on their tax returns and the paying spouse was allowed to take the amount they paid as a deduction. With the changes, that is no longer the case. Spousal support and alimony are no longer claimed as income or a deduction. There are some criteria and date deadlines when this new rule applies so it is best to check with your divorce lawyer in Arlington TX to see if and how this new rule may apply in your situation.
If you need an answer to the question, “Do I qualify for spousal support Arlington TX courts award,” contact a divorce lawyer from Brandy Austin Law Firm, PLLC today.