Austin Spousal Maintenance Lawyer
Facing Financial Uncertainty During Divorce in Texas
When a marriage ends, questions about money often feel the most urgent. You may be wondering how you will support yourself, or you may worry that you will be ordered to pay support you cannot realistically afford. Confusion about spousal maintenance in Texas can make an already stressful time feel even heavier.
Texas handles support between former spouses differently from many other states, and what you have heard about alimony may not apply here. At Diggs & Sadler, we help clients in and around Austin understand what the law actually allows and how support decisions are made so you can plan for your future with clearer expectations.
Our firm is a boutique Texas family law practice with over 125 years of combined legal experience. From our Austin office and our work throughout the state, we have guided many clients through complex divorce and support issues. We bring a team-based approach to every matter, which means your case benefits from the insight of multiple seasoned attorneys, not just one person working alone.
Call us at (713) 766-5355 or reach out online to speak with our Austin spousal maintenance lawyer.
How We Approach Spousal Maintenance
Spousal maintenance questions are rarely simple. They involve your income, your household needs, your health, your work history, and your plans for the future. We begin by listening. Our attorneys take time to understand how your marriage functioned financially, what you are most worried about now, and what you hope life will look like after the case is resolved.
Once we understand your goals and concerns, we develop a strategy tailored to your situation. At Diggs & Sadler, we prepare every matter as if it may proceed to trial in the family courts that serve the Austin area. This does not mean your case will end up in a courtroom. It does mean we gather documentation, analyze financial information, and build legal arguments in a way that positions you strongly, whether your case resolves through negotiation, mediation, or litigation.
Our team-based structure supports this approach. When you work with us, your primary attorney collaborates with other lawyers in the firm, drawing on more than 125 years of combined family law experience. This collaboration allows us to spot issues that might otherwise be missed, such as how a bonus structure could affect support considerations, or how a history of interrupted employment might influence a court’s view of your earning capacity.
Board-certified leadership strengthens that analysis. Cindy Diggs is Board Certified in Family Law and Civil Trial Law, credentials that reflect extensive work in complex divorces and courtroom advocacy. Judith Sadler is Board Certified in Labor and Employment Law, which is particularly valuable when spousal maintenance questions involve workplace changes, job loss, or alleged underemployment. When support issues intersect with employment contracts or compensation packages, that perspective can be important.
Understanding Texas Spousal Maintenance
A key starting point is understanding that Texas law uses the term “spousal maintenance” rather than traditional alimony. Spousal maintenance is court-ordered support paid by one former spouse to the other in limited circumstances. Parties can also agree to what is sometimes called contractual spousal maintenance, which is support created by agreement instead of imposed by the court.
Texas law restricts when a court may order spousal maintenance. In general, a spouse must show that they will not have enough property and income to meet their minimum reasonable needs after the divorce is final. The law then outlines specific situations where maintenance can be considered, such as long-term marriages or cases involving certain disabilities or family violence findings. Not every divorcing spouse will qualify, even if the other spouse earns more.
Courts also consider how long support should last and how much should be paid. Texas sets limits on the length of maintenance, which often depend on the length of the marriage and the circumstances of the spouses. Judges look at factors such as each spouse’s earning ability, education, work history, contributions to the household, and efforts to seek appropriate employment or training.
Common Spousal Maintenance Situations
One common scenario involves a lower-earning spouse after a long marriage. Perhaps one spouse focused on advancing a career, while the other managed the home, supported that career, or reduced work hours to care for children. When the marriage ends, the spouse who stepped back from earning may need time and support to reenter the workforce or complete additional education. Courts will often look at the length of the marriage, sacrifices made, and current earning capacity when assessing maintenance in these circumstances.
Another frequent situation occurs when one spouse has significant health challenges. A medical condition or disability can limit the ability to work or create ongoing expenses. In these cases, documentation of the condition, how it affects daily functioning, and what treatment is needed can be crucial. Our team works with clients to organize medical and employment information so that the court or the other party’s counsel understands the practical impact on support needs or ability to pay.
We also represent higher-earning spouses who are concerned about support obligations that may feel unsustainable or unfair. These clients might earn a salary plus bonuses, commissions, or stock-based compensation, which can be difficult to explain or predict.
Sometimes employment or workplace issues are central to the support conversation. A spouse may have lost a job, changed fields, or faced discrimination or harassment that affected their career path. Because our leadership includes board certification in Labor and Employment Law, we are comfortable analyzing how workplace events and earning capacity intersect. We use that perspective to address allegations of intentional underemployment, to defend reasonable career choices, or to support claims that a spouse needs time and assistance to regain stability.
Complex family structures can add further layers. International relocations, frequent travel, blended families, and LGBTQ+ relationships may all influence how support requests are framed and understood. Our attorneys have worked with expatriates and clients whose lives span multiple jurisdictions. We pay close attention to how those realities affect both the need for support and the practical ability to comply with any obligations.
What To Do About Spousal Maintenance
Helpful steps if you are concerned about spousal maintenance:
- Gather recent financial records, such as pay stubs, tax returns, bank statements, and information about retirement or investment accounts.
- Prepare a realistic budget that reflects your actual monthly expenses and any changes you expect after the divorce.
- Avoid informal agreements about support without clear written terms, and be cautious about signing proposals without legal advice.
- Write down your questions and concerns about paying or receiving support so we can address them directly.
Meeting with our attorney early can help you avoid mistakes that are difficult to correct later. In a consultation with our team, we typically review your financial picture, talk through your goals, and explain how Texas law might apply. We also discuss potential strategies, such as pursuing court-ordered spousal maintenance, negotiating contractual spousal maintance terms, or addressing support as part of a broader property division plan.
Frequently Asked Questions
Will I qualify for spousal maintenance in Texas?
Qualification depends on your circumstances. Courts generally look at whether you can meet your minimum reasonable needs with your own income and property, and whether specific legal conditions are met. We review your financial situation, marriage history, and goals to assess whether maintenance might be available or contested.
How long can spousal maintenance last after divorce?
Texas law limits how long court-ordered maintenance can continue, often tying duration to the length of the marriage and other factors. Judges also consider a spouse’s efforts to become self-supporting. During our planning, we discuss likely timeframes and how duration could affect your long-term financial choices.
Can spousal maintenance be changed later if my income shifts?
Some court-ordered maintenance arrangements can be modified if there is a substantial change in circumstances, such as a significant income increase or decrease. Contractual spousal maintenance is typically governed by the agreement’s terms. We help clients evaluate whether a change may justify seeking a modification or responding to one.
How does your team handle high income or complex support cases?
In higher income or complex compensation cases, we examine salary, bonuses, equity, and other income sources in detail. Our team-based review and board-certified leadership allow us to analyze employment documents, business records, and financial statements carefully, then use that information to shape negotiation or trial strategy.
What can I expect at my first meeting with your firm?
At an initial meeting, we focus on listening. We ask about your marriage, finances, health, and goals, then explain how Texas spousal maintenance rules may affect you. We outline possible paths forward, answer questions in straightforward language, and discuss how our team can support you if you choose to move ahead.
Talk With Our Team About Your Financial Future
Decisions about spousal maintenance can shape your life long after a divorce is final. You do not have to sort through Texas law or face negotiations alone. When you work with Diggs & Sadler, you gain a team of seasoned family law attorneys who prepare carefully and advocate firmly for your priorities. Our goal is to help you understand your options, build a realistic plan, and move through the legal process with greater confidence.
Call us at (713) 766-5355 or reach out online to speak with our Austin spousal maintenance attorney.
Client Testimonials
Striving to Achieve the Best Possible Result
At Diggs & Sadler, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"I highly recommend Tesha Peoples!"
I highly recommend Tesha Peoples! She Truly handled my case with perfection. The meticulous care shown was noticed right off the bat during the first meeting and later in the 1st mediation. I later learned that this is her standard. Thanks again Tesha!
- Donnie B. -
"I appreciate their professionalism and care along the way."
My team of Callie Carpenter and Jordan Firebaugh (among others) did a great job in keeping me informed of progress and milestones. The process was efficient and as easy as such a process can be. I appreciate their professionalism and care along the way.
- Janet C. -
"Callie was fantastic"
Callie was fantastic and very professional with my case.
- Matthew P. -
"I cannot say enough great things about Rachel Sedita and her entire team at Diggs & Sadler."
I cannot say enough great things about Rachel Sedita and her entire team at Diggs & Sadler. After going through three different consultations with other firms, I knew immediately that working with Rachel was the right decision. From the very beginning,
- Nuke D. -
"Diggs and Sadler were excellent to work with"
Diggs and Sadler were excellent to work with, and Stephanie Dromgoole and Gwen Drenker supported me at every step. They provided clear guidance, explained my options when I considered changes, and helped steer the process to a quick and successful resoluti
- Gara A. -
"Stephanie Dromgoole gave me solid legal advice and excellent representation"
Stephanie Dromgoole gave me solid legal advice and excellent representation throughout a very difficult divorce process with my high-conflict ex-husband. She always responded to my emails and phone calls quickly.
- April C. -
"If you are active duty military or a veteran Kristin Weaver is the person you want on your side representing you."
If you are active duty military or a veteran Kristin Weaver is the person you want on your side representing you. Being the spouse of a service member Kristin thoroughly understands military law and entitlements. This law firm works well as a TEAM. Their e
- Carey J. -
"I can’t say enough good things about Diggs & Sadler."
Stephanie Dromgoole, Gwen Drenker and the entire team were always available when I needed them—whether by phone or email—and they consistently took the time to explain the process, answer my questions, and calm my concerns. I never felt rushed
- T T