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Austin Alimony Attorneys

Court-Ordered Spousal Support & Maintenance in Texas

In a divorce, a common concern of our clients is the payment of support, whether they can expect to receive it or will be made to pay it. Often called alimony, court-ordered spousal support is legally known as spousal maintenance in Texas. The payment or receipt of spousal maintenance may dramatically influence your finances, and this makes it all the more important to involve an attorney who can protect your interests and legal rights.

Contact an Austin alimony lawyer at (512) 948-3688 to discuss your case and how we can help.

Alimony vs. Spousal Maintenance

Texas law prohibits court-ordered alimony payments to a former spouse. However, the parties to a divorce can agree to “contractual alimony” in which one spouse will make payments to the other spouse after the divorce, as part of a contract. Texas law does permit the court to order the payment of spousal maintenance. Spousal maintenance is a limited form of spousal support post-divorce, but not everyone is eligible to receive it. If spousal maintenance is ordered, it will likely be limited in amount and duration.

When Is Spousal Maintenance Ordered?

Texas law provides for limited circumstances in which the court may order spousal maintenance. Spousal maintenance may be available under the following circumstances:

  • One spouse is incapacitated due to a physical or mental disability
  • One spouse cares for a disabled child that requires significant care and attention
  • The spouses have been married for 10 or more years and one spouse is unable to earn an income that would reasonably provide for his or her needs
  • One spouse (the one from whom maintenance is requested) has been convicted of domestic violence within the past two years

Spousal maintenance may not exceed $5,000 per month or 20% of the average monthly gross income of the paying spouse, whichever is less. The duration of spousal maintenance will vary depending on the duration of the marriage. If the marriage lasted 10-20 years, maintenance may be ordered for up to 5 years. If the marriage lasted 20-30 years, maintenance may last for up to 7 years. If the marriage lasted for 30 years or longer, maintenance may last for up to 10 years.

In maintenance proceedings or alimony negotiations, make sure you have a strong advocate on your side. Our Austin spousal maintenance attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization, and we can provide the compelling, intelligent representation that you need inside or outside of the family law courtroom.

Contact us at (512) 948-3688 today to discuss your case.