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The Law Office of Rachel Moyle PLLC

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When you are faced with a family conflict, or any legal issue that involves your marriage or children, you need a legal professional who has the skill, experience, and commitment to properly protect your interests.

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In a divorce, a common concern of our clients is the payment of support, whether they can expect to receive it or will be made to pay it. Often called alimony, court-ordered spousal support is legally known as spousal maintenance in Texas. The payment or receipt of spousal maintenance may dramatically influence your finances, and this makes it all the more important to involve an attorney who can protect your interests and legal rights.

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Alimony vs. Spousal Support (Maintenance) in Texas

Texas law prohibits court-ordered alimony payments to a former spouse. However, the parties to a divorce can agree to “contractual alimony” in which one spouse will make payments to the other spouse after the divorce, as part of a contract. Texas law does permit the court to order the payment of spousal maintenance.

Spousal maintenance is a limited form of spousal support post-divorce, but not everyone is eligible to receive it. If spousal maintenance is ordered, it will likely be limited in amount and duration.

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When Is Spousal Maintenance Ordered?

Texas law provides for limited circumstances in which the court may order spousal maintenance. Spousal maintenance may be available under the following circumstances:

  • One spouse is incapacitated due to a physical or mental disability
  • One spouse cares for a disabled child that requires significant care and attention
  • The spouses have been married for 10 or more years and one spouse is unable to earn an income that would reasonably provide for his or her needs
  • One spouse (the one from whom maintenance is requested) has been convicted of domestic violence within the past two years

Cost & Duration of Texas Spousal Maintenance

Spousal maintenance may not exceed $5,000 per month or 20% of the average monthly gross income of the paying spouse, whichever is less. The duration of spousal maintenance will vary depending on the duration of the marriage. If the marriage lasted 10-20 years, maintenance may be ordered for up to 5 years. If the marriage lasted 20-30 years, maintenance may last for up to 7 years. If the marriage lasted for 30 years or longer, maintenance may last for up to 10 years.

In maintenance proceedings or alimony negotiations, make sure you have a strong advocate on your side. Our Austin spousal maintenance attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization, and we can provide the compelling, intelligent representation that you need inside or outside of the family law courtroom.

Contact an Austin alimony lawyer at (512) 948-3688 to discuss your case and how we can help.

Temporary Spousal Support

Temporary spousal support can be issued as an equitable remedy to assist one partner financially while the divorce is pending. When couples divorce, one spouse may lack the resources to afford their monthly expenses. If the other spouse has sufficient resources to pay extra, then the court may order that spouse to pay temporary spousal support.

Contact us at (512) 948-3688 today to discuss your case.

Contractual Alimony

Divorcing spouses have the right to agree to make payments to the other spouse as contractual alimony. Contractual alimony can be used to equalize the division of marital property. If you are contemplating divorce, consult with a Texas alimony lawyer for an individualized assessment as to whether you may be eligible to receive spousal maintenance in your divorce.

Austin Spousal Support & Alimony Lawyers

Texas Alimony & Maintenance Laws

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