Recently in the news, Tennis star, Ryan Sweeting and “Big Bang Theory” star, Kaley Cuoco announced that they are filing for divorce.
In addition, Ryan Sweeting is requesting spousal support even though they signed a prenuptial agreement. The pair was only married for 21 months.
If you are getting divorced in the State of Texas, you are able to request spousal support. Having a Premarital Agreement could or could not affect the parties right to spousal support. It is at the court’s discretion whether or not spousal support will be awarded. When making the decision, the court takes into consideration a spouse’s ability to pay spousal support, either spouse’s ability to work, health, education, age, length of the marriage, etc.
If you are requesting spousal support in Texas, there is some criteria that has to be met in order to qualify:
-The marriage lasted for at least 10 years and you cannot provide basic needs for yourself because of disability, sickness or mental health.
-The marriage lasted for at least 10 years and you don’t have the means to meet basic needs because of a lack of earning potential.
-Your spouse was convicted of committing violent acts against you or a member of your family within two years of filing for the divorce.
If spousal support is awarded, the monthly amount of spousal maintenance cannot exceed the lesser of $5,000 or 20% of the person paying support’s monthly gross income.
There are many factors that come into play when requesting spousal support. It’s important to discuss your options with a qualified family law attorney.