Austin Spousal Support Attorney

How is Spousal Support Determined in Texas?

In Texas, spousal support is determined based on a number of factors, 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 pendency of a divorce case and ends when the divorce judgment is final. Permanent spousal support is paid by a spouse who has the ability to pay it. Permanent spousal support is determined based on the duration of the marriage and the standard of living during the marriage.

Eligibility for Spousal Maintenance in Texas

To be eligible for spousal maintenance, certain conditions must be met. The spouse seeking maintenance must lack sufficient property to provide for their reasonable needs, and one of the following conditions must be satisfied:

• The spouse seeking maintenance has been a victim of domestic violence within the two years prior to filing for divorce.
• The marriage lasted for at least ten years, and the spouse seeking maintenance lacks sufficient income to meet their reasonable needs or has a disability.
• The parties agree on alimony lasting for a period of time.
• The spouse is a sponsored immigrant

How Long Does Alimony Last in Texas?

The court determines the duration and amount of spousal maintenance based on various factors, including the length of the marriage and the ability of the spouse seeking maintenance to support themselves. The maximum duration and amounts are as follows:

• For marriages lasting between 10 and 20 years: The duration of spousal maintenance cannot exceed five years. This also applies to marriages lasting less than 10 years and the paying spouse was convicted of domestic violence.
• For marriages lasting 20 years but less than 30: 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 10 years.

The maximum amount of spousal maintenance that can be ordered is the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income.

Alimony may end before the exact termination date if one of the following circumstances occur:

• Either spouse passes away
• Remmariage of the supported spouse
• The supported spouse dates and cohabitates with someone else
• If the court decides otherwise

Contact Our Austin Spousal Support Lawyers

At Diggs & Sadler, P.C., we are committed to helping our clients obtain fair and just spousal support agreements while protecting their financial interests and rights. Our team is prepared to help you evaluate your options, negotiate with your spouse, and represent you in court if necessary.

To discuss your options with a skilled and experienced spousal support lawyer in Austin, contact Diggs & Sadler, P.C. at (713) 766-5355.