Spousal Maintenance Lawyers
Divorce can create significant financial uncertainty, especially when there’s a large financial disparity. If one spouse earns less because their income is lower or they left the workforce, they may be left at a severe disadvantage during and after divorce. By awarding spousal maintenance, Texas courts aim to give both spouses a fair shot at a fresh start.
If you’re worried about your ability to support yourself after divorce or your spouse is requesting spousal maintenance from you, speak to one of our experienced spousal maintenance lawyers from Albizu Law Firm.
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What is Alimony?
Alimony is the common term used for financial support paid by one spouse to another after divorce, although the accepted term in Texas is spousal maintenance. Texas courts place limits when maintenance is ordered, how much a spouse can be ordered to pay, and how long payments last.
In a divorce case, courts look at whether one spouse will be able to support themselves and meet their minimum reasonable needs after divorce. When ordering spousal maintenance, Texas courts look at the parties’ income and resources.
Spousal maintenance lawyers can evaluate your financial circumstances, explain the factors courts consider for alimony in Texas, and help you build a strong case whether you are requesting or contesting maintenance.
Spousal Maintenance vs. Contractual Alimony in Texas
Alimony refers to spousal maintenance in the Texas Family Code, but that’s not the only way that financial support may be provided. Couples may also negotiate voluntary support during divorce settlement discussions with help from spousal maintenance lawyers, and this is often referred to as contractual alimony in Texas.
This distinction is important. Court-ordered alimony in Texas has to fit within the state’s statutory requirements. But if couples negotiate contractual alimony on their own, they may have a bit more flexibility.
In both situations, it’s important for both parties to have their own spousal maintenance lawyers who can explain duration, enforcement options, and potential tax concerns.
Who Qualifies Under Spousal Maintenance Texas Laws?
Spousal maintenance Texas laws don’t automatically apply when one spouse earns more than the other. When one party requests for spousal maintenance, they must show that they will not have enough after divorce to meet their minimum basic needs. Spousal maintenance lawyers may determine whether you meet one of four qualifying grounds for alimony in Texas:
- Married for at least 10 years and unable to provide for minimum needs with your own earning capacity
- Spouse committed family violence against you or your child within two years of filing or during the divorce case
- Unable to support yourself due to physical or mental disability
- Primary custodian of a child resulting from the marriage who needs ongoing care and supervision because of a physical or mental disability
Factors Courts Consider for Alimony in Texas
If the court determines that a spouse is eligible to receive spousal maintenance, there’s still room to decide if support is ordered, how much to order, and how long payments should continue.
Some of factors that a spousal maintenance Texas court may look at include each spouse’s earning capacity, other financial resources, contributions as a homemaker, marital misconduct, and fraudulent use or waste of marital property. Because the court has broad authority to order spousal maintenance based on all relevant factors, awards may vary significantly.
Understanding spousal maintenance Texas laws can help you prepare for divorce and make informed financial decisions. Our team of spousal maintenance lawyers can explain your legal options for alimony in Texas, evaluate whether you may qualify for support, and advocate for your interests throughout the divorce process.
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How Long Does Alimony Last in Texas?
This is a very common question, both for those who receive support and those who pay it. Much depends on the facts of the case and the legal basis for maintenance.
The maximum duration for alimony in Texas is often dependent on the length of the marriage. In some cases involving family violence, maintenance may be awarded for up to five years. For marriages lasting at least 10 years but less than 20 years, payments may continue for up to five years. Maintenance may last up to seven years in marriages lasting 20 to 30 years and 10 years for marriages lasting 30 or more years.
Additionally, court-ordered payments terminate when one spouse passes away, if the receiving spouse remarries, or the receiving spouse permanent lives with a romantic partner.
Finally, if a couple agrees on contractual alimony, these limits are agreed upon by the couple and are not limited by state law.
How the Alimony Lawyers at Albizu Law Firm Can Help
Our alimony lawyers and family law attorneys help with all issues involving alimony in Texas. If you plan on requesting maintenance, we can gather necessary documentation to prove that you should be awarded spousal maintenance.
If your spouse is requesting spousal maintenance in Texas from you and you don’t think you should have to pay, we can help determine whether they meet Texas eligibility requirements. If they don’t, we can challenge their request by demonstrating their earning ability, available property or assets, or other important factors.
Consult Our Team of Spousal Maintenance Lawyers at Albizu Law Firm
If you’re ready to discuss your concerns about spousal maintenance in Texas, schedule a time to meet with one of our spousal maintenance lawyers. Reach out online or call us at 512-861-5638.
