Divorcing couples often wonder about how spousal support obligations are handled in Texas. It’s important to understand that spousal maintenance is often a hotly contested issue when a couple files for divorce in Austin, TX. Unlike child support, spousal maintenance isn’t always legally required. You’ll need an experienced Austin spousal maintenance lawyer on your team to make sure your interests are protected.
Our lawyers at Kazen Family Law & Divorce Lawyers have over 19 years of experience handling delicate family law matters. Since our firm was established, families like yours have trusted our team to help them develop workable solutions to complex problems.
Our top priority is helping you secure the best possible outcome in your divorce case. To learn more about this area of law, call our law offices at (512) 236-1315 in Austin, Texas, to schedule a free consultation today.
Spousal maintenance is a complex area of family law in Texas. Judges have significant discretion in determining whether to award support to either spouse. Remarriage and even living with a new partner can impact support rights. Spousal maintenance awards can also have a dramatic impact on your financial security. It’s always critical to have an experienced Austin family law attorney in your corner.
Our team at Kazen Family Law & Divorce Lawyers has a strong reputation when it comes to helping families resolve support matters. Our founding attorney is board-certified by the Texas Board of Legal Specialization, a designation few attorneys have earned. We can help you request alimony or contest your spouse’s request for alimony.
When you hire our law firm to handle your legal representation, you can count on us to:
Your future is too important to trust an inexperienced lawyer. Instead, call our skilled Austin family lawyers to start building your case today. We’re prepared to help with every aspect of your divorce case.
In Texas, alimony is referred to as “spousal maintenance.” Spousal maintenance can be awarded to provide ongoing financial support to a recipient spouse even after the divorce is finalized.
Spousal support in Texas is different from spousal maintenance. Spousal maintenance obligations are generally court-ordered. Divorcing spouses can also reach their own agreement, and this would be considered spousal support. In other words, one spouse can voluntarily agree to pay spousal support after the divorce is finalized.
Texas family laws provide detailed rules governing awards of spousal maintenance. It’s important to consult an experienced Austin spousal maintenance attorney to make sure your case is handled properly. At Kazen Family Law & Divorce Lawyers, we know the laws in Texas inside and out. Contact us today for help with your divorce and spousal maintenance issues.
First, it’s important to understand that spouses aren’t automatically eligible for spousal maintenance. Family law judges in Texas have the authority to order spousal maintenance in certain circumstances. One spouse generally has to request the court to order spousal maintenance and prove that they qualify.
Under Texas law, qualified circumstances include situations where the spouse requesting financial assistance:
Spousal maintenance can also be awarded in cases involving domestic violence. If one spouse was convicted of domestic violence against the other spouse or their child within two years before filing for divorce, the court can award spousal maintenance. Spousal maintenance can also be awarded if the family violence occurred while the divorce suit is pending.
The key issue courts evaluate when deciding spousal maintenance issues is whether the requesting spouse can provide for their “reasonable minimum needs” without the award of spousal maintenance. Courts can consider all relevant factors, including:
Generally speaking, family law judges begin by presuming that spousal maintenance is not available. The requesting spouse must prove that they have attempted to obtain job training or employment. In other words, after the parties separate, the recipient spouse should take steps to become self-sufficient.
Once the court approves a request for spousal maintenance, the amount is determined based on the parameters set by Texas family laws. The requesting spouse can receive the lesser of:
“Average monthly gross income” means:
Workers’ compensation benefits, Social Security benefits, and Veteran’s benefits are excluded.
Spousal maintenance generally only lasts for a set period of time in Texas. That timeframe depends on the couple’s unique circumstances. Under Texas law, the duration of spousal maintenance lasts for:
Courts limit spousal maintenance to the shortest reasonable duration. While receiving payments, the receiving spouse should be obtaining training or education so that they can support themselves. Courts sometimes require proof that the spouse is seeking employment.
Courts have greater authority to award alimony when disabilities are involved. The paying spouse may be obligated to pay for a longer period of time if their former spouse or child suffers from a disability.
Spousal maintenance obligations automatically terminate when:
When a recipient spouse begins cohabitating with a new romantic partner, the paying spouse can also request a hearing to terminate spousal maintenance obligations.
Yes. Either spouse can file a motion in court to modify an existing spousal maintenance order. The requesting party must show that a “material and substantial change in circumstances” has occurred.
The relevant change must have occurred after the date the divorce order was finalized.
Most of the time, the relevant change in circumstances will involve a change in either party’s financial position. For example, a paying spouse may request a reduction in payments if they’ve experienced a significant reduction in income. You may also request modification if your former spouse is living with a new romantic partner.
Regardless of the grounds for the requested modification, a hearing will be necessary. The judge will evaluate the facts and determine whether to grant the modification. Our lawyers in Austin are here to stand by your side whether you’re requesting the modification or contesting the change. Contact us today to learn more about this and other family law issues.
Spousal maintenance always has the potential to become a bitter and contested issue in a divorce. Maintenance orders can continue to cause conflicts even years after the divorce is finalized.
If you and your former spouse are facing spousal support issues, contact our team at Kazen Family Law & Divorce Lawyers today. We offer free and confidential consultations. Call today to speak to an experienced Austin spousal maintenance lawyer.
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