Austin Alimony & Spousal Support Attorney

Your Guide to Alimony & Financial Support

Spousal support, often called alimony, is court-ordered financial support paid by one spouse to another after the dissolution of a marriage or other legal union, such as a civil union or domestic partnership.

At Diggs & Sadler, P.C., we know spousal support can become a contentious issue in a divorce case in Austin, TX. We commit to helping clients pursue fair and just spousal support agreements while safeguarding their financial interests and rights.

Navigating spousal support requires a strong understanding of both Texas and local Austin laws, which can significantly affect case outcomes. Our attorneys provide detailed consultations, taking the time to understand your unique circumstances and offering tailored guidance to meet your goals. We work closely with you so every step, from filing paperwork to courtroom representation, is handled with care and your voice is heard throughout the legal process.

Our approach recognizes each client’s circumstances and financial realities. We guide clients through all types of spousal support arrangements—temporary, contractual, or court-ordered—so you can make informed decisions that protect your interests during and after divorce. Whether you are seeking support or responding to a request from your spouse, our team explains your rights and responsibilities at every stage.

Need help with spousal support in Austin? Contact us today at (512) 548-8355 to discuss your options and protect your financial future!

Understanding the Alimony & Spousal Support Process in Austin Courts

Many clients want to know how the alimony and spousal support process actually works in Austin. In Travis County, the process typically begins when one party submits a formal request as part of a divorce or separation case. The court may issue temporary orders early on, sometimes at the initial conference or temporary hearing, to ensure both spouses can meet their basic needs while the case is pending.

Travis County Family Law Courts often set strict deadlines for financial disclosures, and each party must fill out forms detailing income, assets, debts, and monthly expenses. The court examines this data and considers any agreements between the spouses, sometimes recommending mediation before trial. Judges pay close attention to each spouse's contributions to the household, including childcare, property management, and unpaid work that affects earning capacity.

During a contested hearing, the judge reviews evidence according to Texas statutes and local standards. Austin courts emphasize shared parental roles, financial self-sufficiency, and a fair allocation of resources based on need and ability to pay. Working with a local attorney familiar with Travis County’s documentation rules, scheduling, and courtroom customs can add clarity and confidence throughout your case.

How & When Can Spousal Support Be Modified or Terminated?

Spousal support orders may require adjustments over time. In Texas, either party can request a modification after a material and substantial change in circumstances. Common examples include job loss, disability, health changes, or when the recipient spouse remarries or achieves financial independence.

To request a modification in Austin, the party must file a motion with the Travis County court. This motion explains the change and provides proof, like current tax returns, medical records, or proof of employment changes. The court sets a hearing to review arguments from both sides and may order mediation. Modification is not automatic—judges carefully weigh each spouse's needs, their efforts to secure employment or stay self-sufficient, and how any change affects ongoing financial stability.

If the court finds the change meets the statutory requirements, it can reduce, increase, or terminate the support order. Local courts follow Texas guidelines but consider Austin’s unique cost-of-living factors and economic trends. We help clients in Travis County understand what to expect at each step of a modification request, so they can make informed decisions about their future financial security.

Risks, Mistakes & Common Pitfalls in Austin Alimony Cases

Going through an alimony case in Austin can bring several risks that affect both payors and recipients for years. Many clients underestimate the importance of accurate financial disclosures, leading to incomplete forms or missed details. Judges in Travis County carefully review all submissions, and any discrepancies can raise credibility concerns, limit negotiating power, or affect the final support arrangement.

Other common mistakes include focusing only on short-term settlements, neglecting to account for future medical expenses or income shifts, or failing to factor in tax impacts on alimony. Some parties make informal agreements without legal counsel, only to find these arrangements unenforceable in court. Missing court deadlines or omitting required forms can also expose clients to sanctions and unwanted obligations.

The family courts in Austin apply strict protocols and expect accurate, timely filings. By working with a trusted spousal support attorney Austin, clients can avoid these pitfalls and stay informed about their obligations and options at every stage of the process. Our team helps clarify your rights, prepare timely papers, and ensure your interests remain protected from the start of your case to its conclusion.

How Is Spousal Support Determined in Texas?

In Texas, courts consider several factors to determine spousal support, including:

• The duration of the marriage
• The standard of living during the marriage
• Each spouse's financial situation
• The contribution of each spouse to the marriage
• The needs of the spouse receiving support

Spousal support may be temporary or permanent. Temporary spousal support is paid during the divorce process and ends when the divorce judgment is final. Permanent spousal support is paid by a spouse who can pay it. Courts determine permanent support based on the length of the marriage and the standard of living established during the marriage.

Courts may also consider each spouse's physical and emotional health, as well as their future earning capacity. To support a fair assessment, you need to offer a clear view of your lifestyle and financial needs. Our firm collects relevant information about your marriage and works to present strong arguments in court. We aim for a support ruling that brings you stability during and after your divorce.

In Austin, courts often take a detailed look at both parties’ financial stability after divorce. Travis County judges require clear records of assets and incomes. Providing accurate financial documents—such as tax returns, pay stubs, and monthly bills—is essential. Working with a local spousal support lawyer in Austin who understands the process and the expectations of Travis County courts can help you present your strongest case.

Eligibility for Spousal Maintenance in Texas

To become eligible for spousal maintenance, you must meet certain conditions. 

The spouse seeking maintenance must lack enough property to meet reasonable needs, and one of the following must apply:

• The spouse seeking maintenance has been a victim of domestic violence within two years before filing for divorce.
• The marriage lasted at least ten years, and the spouse seeking support lacks enough income or has a disability.
• Both parties agree to alimony for a set period.
• The spouse is a sponsored immigrant.

Meeting eligibility requirements is often complex and requires substantial evidence. Our firm helps clients gather necessary documentation for court. We prepare you to show how you meet the benchmarks for support. By focusing on the details of Texas spousal maintenance laws, we can help address challenges and seek an award that fits your needs and marriage circumstances.

Eligibility issues may come up when one spouse relocated to Texas, or if either spouse has property or business interests out of state. Our attorneys help clients navigate questions of residency, the duration of living in Texas, and how Austin-area courts evaluate interstate or international cases. If jurisdiction is uncertain, Travis County courts may request more information, and our attorneys make sure you respond fully and confidently.

How Long Does Alimony Last in Texas?

The court decides how long and how much spousal maintenance lasts by reviewing several factors, such as the marriage length and each party’s ability to support themselves. 

Maximum durations and amounts include:

• For marriages lasting between 10 and 20 years: Maintenance cannot extend past five years. This also applies for marriages under ten years if the paying spouse was convicted of domestic violence.
• For marriages lasting 20 to less than 30 years: The court may order maintenance for up to seven years.
• For marriages lasting 30 years or more: The court may order maintenance for up to ten years.

The maximum spousal maintenance is $5,000 monthly or 20% of the paying spouse's average monthly gross income, whichever is less.

Certain events may end alimony before the official termination date, including:

• Either spouse passes away
• The recipient spouse remarries
• The recipient spouse cohabits in a dating relationship
• The court orders otherwise

Understanding Texas alimony timelines and requirements helps you plan for your financial future. Our legal team keeps you informed on maintenance length, modification, and possible extensions if your circumstances change. We maintain clear communication to build a legal strategy that supports security around your future needs.

Texas courts usually limit alimony to legal terms, but they can also review requests for modification after significant life changes. When circumstances shift—whether through job changes, health concerns, or shifts in income—we help you consider whether a modification or termination request in Austin’s local courts is appropriate. Be prepared to present updated and well-documented evidence if you want to pursue changes to your current order.

Advantages of Working with Our Austin Alimony Lawyers

Choosing the right legal partner makes a difference in alimony and spousal support cases. At Diggs & Sadler, our alimony attorneys in Austin take a client-centered approach, focusing on legal strategies that fit your life and financial goals.

Benefits of Our Legal Services:

• Comprehensive understanding of Texas alimony laws
• Detailed preparation and courtroom representation
• Skilled negotiation for favorable support agreements
• Dedication to securing clients' financial interests

Our team handles all aspects of your spousal support case, from the initial consultation to resolution. We use our experience in Travis County family courts to guide each stage and offer consistent, responsive support so you always have clear information and timely updates as your case develops.

As a boutique firm, we offer individualized attention and communication many clients do not find at larger firms. Our lawyers regularly work with high-conflict disputes, complex property holdings, and families who need discretion and support as they move forward with divorce or separation. We stay current with local legal trends and maintain a strong presence in the Austin legal community, which benefits every client we serve.

Local Resources for Spousal Support & Alimony in Austin

Using local resources in Austin can strengthen your position and improve the outcome of alimony negotiations. 

The following resources are available in our community:

• Travis County Law Library: Offers free guides and forms for self-represented litigants, including information about family law.
• Austin Family Law Courts: Regularly hold hearings on support cases and can provide guidance on local procedures.
• Local Family Support Groups: Connect individuals with others going through similar family law challenges and offer peer support.

Integrating these resources into your legal strategy with our guidance gives you practical advantages and increases your confidence as you make important decisions. We encourage clients to seek out both legal and community support to better understand their rights and choices in the Austin area.

The Austin legal community also hosts periodic workshops and learning sessions at the Travis County Courthouse or through the Austin Bar Association. Attending these events can help you stay informed of recent legal developments. We also point clients to reputable counseling centers and nonprofit organizations that support families before and after divorce, expanding your support network throughout the process.

Frequently Asked Questions About Alimony in Austin

What Is the Maximum Amount of Alimony a Spouse Can Receive?

In Texas, alimony is capped by law. Spousal maintenance cannot exceed 20% of the paying spouse's average monthly gross income or $5,000 per month, whichever is less. The court reviews both spouses’ resources and needs before setting the specific amount. The court’s goal is fairness while avoiding undue financial burden on either party.

Can We Agree on Alimony Without Going to Court?

Yes, spouses can agree on alimony terms outside of court, often through mediation or collaborative divorce. If both parties agree to the amount and duration, the court will typically approve as long as the agreement aligns with Texas law and remains fair. This approach saves time, lowers cost, and can reduce conflict during your divorce.

Does Adultery Affect Alimony?

Texas is a no-fault divorce state, so either spouse can file for divorce without proving misconduct. However, the court may consider adultery as one factor when determining spousal support and property division. Adultery is just one of several factors judges can review in Austin spousal support cases.

Is Alimony Automatic in Texas Divorces?

No, Texas does not automatically grant alimony in divorce cases. The spouse seeking support must specifically request it and show that they meet eligibility requirements. Courts in Austin look for clear evidence of need and the paying spouse’s ability before awarding alimony.

What Happens If the Paying Spouse Fails to Make Alimony Payments?

If a spouse does not comply with a court’s alimony order, the recipient can seek enforcement through the court. Judges may use wage garnishment, seize property, or hold the delinquent spouse in contempt. In serious cases, courts can impose fines or jail time for contempt of court when payments are not made as ordered.

Is Alimony Taxable in Texas?

Under the Tax Cuts and Jobs Act (TCJA), alimony payments are not tax-deductible for the paying spouse and are not considered taxable income for the recipient if the divorce occurred after December 31, 2018. For agreements finalized before that date, prior tax rules may apply unless modified. Be sure to clarify your tax status with your attorney or a tax professional if you have concerns.

Can a Spouse Waive the Right to Alimony?

Yes, a spouse can waive alimony in Texas through a valid prenuptial or postnuptial agreement. The court reviews the waiver agreement to ensure it is fair and was not signed under pressure. If the agreement meets state standards, it is generally enforceable.

Can Alimony Be Awarded During Separation, Before the Divorce Is Finalized?

Texas courts may award temporary spousal support during a separation while a divorce case is pending. This temporary support ensures that both spouses can meet basic needs during the divorce process. After the divorce is final, the court may grant permanent maintenance or discontinue temporary support based on the case outcome.

Contact Our Austin Spousal Support Attorney Today

At Diggs & Sadler, P.C., we commit to helping our clients pursue fair spousal support agreements while protecting their financial interests and rights. Our team of alimony and spousal support attorneys in Austin stands ready to help you evaluate your options, negotiate with your spouse, and represent you in court if necessary.

With a local advocate who knows Austin and Travis County court procedures, you gain an advantage at every stage. We keep clients fully informed and anticipate issues in or out of the courtroom. Our goal centers on helping you move forward with the clarity and confidence that your financial future is protected.

If you face spousal support challenges, our Austin spousal support lawyers stand ready to guide you. Reach out now for a consultation!