Sugar Land, TX Spousal Maintenance Lawyer

An Overview Of Texas Spousal Maintenance Laws

Once a divorce has been initiated and/or finalized, the financially disadvantaged spouse may be awarded payments from their former partner. These payments are known as spousal maintenance—or alternatively, as spousal support. Other states may refer to these payments as alimony but that term is not used by the Texas family law courts. 

To be clear, in Texas, post-divorce spousal support is not awarded after every divorce case. In fact, there is a general presumption in the state that post-divorce maintenance is not appropriate. As such, it is the legal burden of the person who is seeking post-divorce spousal support to prove that awarding such payments is warranted in their specific situation. To get post-divorce spousal support in Texas, a case must fit into one of the following three categories: 

1. The marriage lasted longer than ten years and the financially disadvantaged spouse is unable to support their reasonable and necessary financial needs;
2. One spouse has been convicted of domestic violence/abuse, which precipitated the end of the marriage; or
3. The spouse seeking spousal support has a disability or has custody of a child with a disability and requires financial support. 

As referenced above, post-divorce maintenance is typically not awarded in Texas unless a marriage lasted for at least ten years. Still, the exceptions for domestic violence, spousal disability, and child disability are an important factor in some cases. 

How Is Spousal Support Calculated In Texas?

When spousal maintenance is granted, Texas courts must also determine the amount and the duration of the award. In most cases, the length of the marriage and the financial means of each spouse are the two most important factors. 

How Long Does Spousal Support Last In Texas?

The duration of spousal support will be limited based, primarily, on the length of the marriage. Specifically, spousal support in Texas is limited to the following: 

• Marriage lasted 10 to 20 years: Up to 5 years of spousal support
• Marriage lasted 20 to 30 years: Up to 7 years of spousal support
• Marriage lasted more than 30 years: Up to 10 years of spousal support

Note: These are the general guidelines that apply to most divorces in Texas. In cases that involve a spousal disability or a child disability, there are no statutory time limits pertaining to the duration of spousal support awards.  

How Much Spousal Support Will Be Awarded In Texas?

In determining the specific amount of a support award, Texas courts can look at a wide range of different factors. Some notable examples include: 

• The financial means of each party;
• Current and future job prospects; 
• Any career sacrifices made for the family/marriage; 
• Unique educational/job training needs; 
• Any unique health needs; and
• Evidence of adultery, abuse, or other types of misconduct. 

It should be noted that spousal maintenance in Texas is generally capped at 20 percent of the paying spouse’s monthly income or $5,000—whichever figure is less. 

How Our Sugar Land Alimony Attorneys Can Help

We know how to protect the financial interests of our clients. With a deep understanding of the Texas spousal maintenance laws along with practical knowledge of how courts handle these cases, we offer our clients reliable and effective legal guidance that they can use. Among other things, our Sugar Land, TX spousal maintenance lawyers are prepared to:

• Conduct an in-depth, confidential assessment of your spousal support case;
• Explain Texas law, your rights, and your options; 
• Investigate the case, gathering all relevant financial documents and records;
• Look for opportunities to reach a reasonable and amicable settlement that is in your best interests; and
• If necessary, take legal action to protect your rights. 

Every client deserves an attentive and individualized representation from their family lawyer. Our founder and principal attorney Mary E. Ramos has been Board Certified in Family Law by the Texas Board of Legal Specialization and she has hired and invested in the top talent—ensuring that we are able to provide high-quality, reliable guidance to each and every client.