How Do I Prove I Am Owed Spousal Maintenance?

During divorce, you may be worried about how you will afford your basic necessities. You may have been financially dependent on your spouse throughout the marriage and need to re-enter the workforce, or you may stress about the thought of going from a two-income to a one-income household.

Regardless of your circumstances, money is about to be tight, and you need financial support until you can get back on your feet. The good news is that San Antonio allows some spouses to obtain spousal maintenance as long as they can prove that they are owed these payments after the divorce.

What do I need to prove to receive spousal maintenance in San Antonio?

In San Antonio, there are generally four good reasons that the judge looks for when deciding whether to award spousal maintenance to a divorcing spouse. Therefore, you must be able to prove one of the following to receive spousal maintenance:

1. You are unable to pay for your basic and reasonable needs with your income: If you work at a job that does not pay well enough to cover your basic and reasonable needs after the divorce, you may qualify for spousal maintenance. Your basic and reasonable needs are a home, food, utilities, clothing, etc. It can be very difficult to reduce from a two-income household to a one-income household. Therefore, you must learn how to budget to afford your basic and reasonable needs. In order to successfully prove you cannot afford living expenses, you can show pay stubs, tax forms, a lease agreement, mortgage documents, utility bills, receipts, and more. The goal is to show the judge that your pay does not cover your necessities.
2. You have a disability that prevents you from earning income: If you have some type of disability that prevents you from earning income, you may be eligible for spousal maintenance. This means that you have a certain impairment that keeps you from functioning mentally or physically to hold a job. For example, you may have speech or hearing impairment, vision impairment, epilepsy, cancer, heart disease, memory loss, or paralysis. However, regardless of whether your disability is obvious or not, you will need to provide proof your condition prevents you from working and earning an income to support yourself. You may be able to prove this by providing medical records, medical reports, or doctor notes. An attorney may even be able to hire a doctor who specializes in disabilities to explain how your condition keeps you from holding a stable job and paying for your basic needs.
3. Your spouse has been convicted of family violence: Another reason that may qualify you for spousal maintenance is if your spouse has been convicted of family violence. This means that your spouse must have been convicted of threatening to cause harm to you or another member of your household, physically or mentally abused or assaulted you or another member of your household, or sexually assaulted or abused you or another member of your household. A member of your household can include children or minors. However, you will need to have proof that the incident occurred and that they were convicted. Some of the evidence that you may use to show this are photos, videos, police reports, restraining orders, court documents, and more.
4. You take care of a disabled child from the marriage who requires around-the-clock care: Lastly, in order to be eligible for spousal maintenance, you may be able to prove that you take care of a disabled child from your marriage who requires full-time care. Your child must have some sort of disability that requires your full attention as well as a large portion of your finances that child support alone cannot cover. A few examples of the disabilities that fit this criterion are cerebral palsy, spina bifida, deafness, blindness, cancer, cystic fibrosis, heart disease, amputations, autism spectrum disorder, down syndrome, brain damage, and more. You may be able to prove that your child has a physical or mental condition that requires your full-time assistance by showing their medical records, medical reports, and doctor’s notes. Your lawyer may also hire an expert witness to break down the facts of your child’s mental or physical condition, and why it requires you to be present and provide around-the-clock care for your child. This type of witness may also be able to explain the costs of your child’s disability and how child support is not enough to cover these expenses.

If you seek spousal maintenance during divorce, please do not hesitate to reach out to the San Antonio divorce and family law attorneys at Grable Grimshaw, PLLC at your earliest opportunity. Our team is experienced and capable when it comes to helping clients needing financial support from their ex-spouse. We guide you through the process, answer any of your questions and concerns, ensure that you understand your legal rights, and help you secure the best outcome possible for your case. Call our office or complete our contact form to schedule a confidential consultation today.