Spousal support in Texas is a financial arrangement where one spouse may be required to make payments to the other after a divorce. This issue often arises in both contested and uncontested divorce cases and can have lasting financial implications. According to the Texas Family Code, spousal maintenance is awarded under specific conditions, making it one of the more complex areas in divorce proceedings.
Let’s look at how spousal support works in Texas and what to keep in mind when negotiating or contesting it.
Spousal Suport in Texas
Texas law does not guarantee alimony. The courts are generally conservative about awarding it. To qualify, the requesting spouse must demonstrate that they cannot meet basic needs due to disability, care for a disabled child, or a long marriage, typically over 10 years.
Types of Spousal Support in Texas
There are two main forms of support: contractual alimony and court-ordered maintenance. Contractual alimony is agreed upon between both parties, often in uncontested divorce cases in Austin. Court-ordered maintenance, however, must meet legal qualifications and is determined by a judge.
In court-ordered situations, payments are capped at the lesser of $5,000 or 20% of the paying spouse’s monthly income and typically do not last more than 5 to 10 years, depending on the circumstances.
How the Court Determines Spousal Support
The judge considers several factors, including the length of the marriage, the financial resources and earning ability of each spouse, marital misconduct, and contributions to the household. The court may also assess whether one spouse sacrificed career or education opportunities for the marriage.
Those facing contested divorce cases in Austin should consult with experienced contested divorce lawyers to understand how these factors might apply to their case.
Negotiating or Contesting Alimony Payments
Whether you’re requesting or opposing spousal support, proper documentation and legal representation matter. Hiring a skilled divorce attorney can help present a strong argument for your position.
In addition, couples with cohabitation agreements in Austin or property disputes should seek legal support for property division in Austin.
Consult with Trusted Legal Professionals
Understanding your rights and obligations regarding spousal support in Texas is critical during divorce. Whether you’re pursuing or challenging alimony, the guidance of a seasoned attorney can make a significant difference.
At Daniel Ogbeide Law, we help with spousal support, property division, or any divorce-related legal matter in Austin. Let our team support you with clarity and commitment. Contact us now!