Spousal support, sometimes referred to as spousal maintenance, can be a point of significant concern in a Texas divorce. Whether you’re seeking payments or trying to avoid an obligation, the laws governing spousal support are more specific and limited compared to those in other states.
Texas law is more restrictive than many states when it comes to spousal support eligibility, and the court awards it only in specific circumstances. This makes legal representation critical. A knowledgeable divorce attorney can guide clients based on their financial position, marriage duration, and unique facts of the case.
Let’s take a closer look at how spousal support is determined in Texas and how attorneys advocate based on your goals.
Legal Criteria for Spousal Support in Texas
In Texas, not every divorce will result in spousal maintenance. Under Texas Family Code § 8.051, a court may only award support if the requesting spouse can prove that they:
- Lack sufficient property or assets to meet their minimum reasonable needs after the divorce, and
- Meet at least one of the following criteria:
- The marriage lasted 10 years or longer, and the spouse cannot earn sufficient income due to disability or responsibilities as the custodian of a disabled child.
- The supporting spouse was convicted of family violence against the other spouse or their child within two years of the divorce filing.
- The requesting spouse is physically or mentally disabled, preventing gainful employment.
Texas law aims to prevent misuse of the system, which means proof and documentation are essential. This is where a family lawyer can offer strategic help.
How Attorneys Help Secure Spousal Support
An experienced family attorney in Brazoria County will gather evidence to prove financial need and the other party’s ability to pay. Their approach often includes:
- Documenting Income Disparity: Clear evidence of a wide income gap between spouses is necessary. Tax returns, pay stubs, and employment records are commonly used.
- Evaluating Standard of Living: Lawyers help assess the lifestyle maintained during marriage to argue for appropriate maintenance.
- Medical Records and Testimony: In disability-related claims, medical evidence must support the claim of inability to work.
- Demonstrating Attempts at Employment: For long-term marriages, courts often look for a good-faith effort by the requesting spouse to gain employment.
In cases where abuse has occurred, a contested divorce attorney in Fort Bend County can also highlight protective orders and criminal records to support the maintenance request.
Strategies to Avoid Spousal Support Obligations
On the flip side, individuals trying to avoid paying support should work with skilled divorce attorneys to:
- Dispute Financial Need: Demonstrating that the other spouse can meet their needs through property division, employment, or assets is a common defense.
- Challenge the Duration or Grounds: If the marriage was short or lacks qualifying conditions, attorneys can argue against eligibility.
- Present a Favorable Property Division: Offering a larger portion of assets upfront may help avoid monthly payments. Property division lawyers in Galveston County often use this approach.
- Invoke Prenuptial Agreements: A well-drafted prenuptial agreement, especially with the help of a prenuptial lawyer, can preempt spousal support entirely.
These tactics are most successful when coordinated with experienced legal professionals who understand both your financial picture and the courts in your jurisdiction.
Get the Right Legal Guidance for Spousal Support in Texas
Texas courts don’t award spousal support lightly, which makes legal strategy a defining factor in the outcome. Whether you’re seeking to secure maintenance or defend against it, working with a qualified legal team gives you the best chance at a favorable result. The laws are specific, the burden of proof is real, and the financial implications are significant.
Daniel Ogbeide Law is experienced in complex divorce and family law matters. From contested support claims to crafting strong property division arguments, our team is ready to protect your financial interests. Contact us today for a consultation. Get the guidance you need to move forward with confidence.
