Texas Spousal Support Attorney
"Spousal maintenance" is the legal term under Texas law for monthly payments made by one spouse to another spouse after a divorce. Divorcing parties can agree on an amount paid each month by one spouse to another spouse and the duration of those payments. Alternatively, spouses can request that a Court order one spouse to pay another spouse a monthly amount for a set amount of time.
If parties are requesting that a court order spousal support paid by one spouse to the other spouse, then the courts are required to follow the Texas law. Under the Texas law, one must be married for at least 10 years to qualify for spousal support and show that a need exists for the monthly support. The maximum amount of time a judge can order spousal maintenance is for three years. In any case, a spouse (usually a wife) must show that she has a need for support. The most a judge can order is $2,500 per month or 20 percent of the paying spouse's gross income. The divorce decree will state whether the payments are taxable to the receiving spouse.
Courts will consider many factors in deciding whether to award spousal support to one spouse; a few of them are listed below:
- The financial needs of the dependent spouse
- The ability of the paying spouse to pay
- The size of the estate received by each party in a property division
- The duration of the marriage
- Education of both parties
- Income of both parties
- Standard of living
- Opportunities for employment
- The need of dependent spouse
- Disability or illness
- Whether the spouse is caring for children
- Fault in the break-up of the marriage
Defending Against Unmanageable Payments
We also represent individuals who want to minimize or prevent spousal maintenance obligations. If you are going to be responsible for alimony or spousal support, you should also know your rights involving tax consequences. Sometimes it is taxable to the recipient so that you will not be required to pay taxes on that portion of your income.
We look forward to speaking with you. To arrange a consultation with a Houston, Texas spousal maintenance lawyer, please call 281-970-9005 or contact us by e-mail. Hours: Monday-Thursday 8:30 a.m.-5:00 p.m. and Friday, 8:30 a.m. - 12:00 p.m.
