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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117358
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is my wife entitled to $1000 a month years spousal support

Customer Question

Is my wife entitled to $1000 a month for 15 years spousal support if we have only been married for 8 years and I make $36 an hour? Yes I asked for divorce and yes I was unfaithful with evidence. We reside in Fort Worth Tx now and during marriage.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under Texas law, there is NO ENTITLEMENT to spousal support, it is not like child support. Also, for a short term marriage or moderate term marriage, they certainly would not get support that lasts twice as long as the marriage.

The general rule in Texas for any marriage less than 15-20 years, is that support is temporary for 1/2 of the number of years of the marriage. So even if she can prove the need for support, the court is not going to give her more than 4 years or so of support. Even though you committed adultery, in Texas the spouse seeking support needs to prove need for support and your ability to pay. The court looks at her ability to work and provide for herself, any disabilities she has, her educational level and the length of the marriage. Texas courts will consider adultery when deciding how to divide the community property in a divorce. A spouse who was unfaithful may receive a smaller share of the community property and funds. Courts will also take into account any money spent on an affair, such as money spent on trips, hotels, or gifts. However, that does not mean she will get 15 years of support at $1000 a month, the court has to first determine her need and your ability to pay and examine the other factors first and generally, at the most because of adultery she could get one year of support for every year of marriage, not 2 for one.

Customer: replied 1 year ago.
Unfortunately I while feeling guilty signed the papers and now im realizing what I signed. Am I now stuck or could I fight this and win?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you signed the papers agreeing to the payment, you could potentially be bound to it. However, there is always hope that your attorney could vacate it based on some other basis in the documents or based on some change of circumstances. I will be honest, in most cases if a party signs agreeing to something like this, the court rarely vacates it unless they find it was obtained by fraud or there was some legal defect in the agreement.