Experienced Alimony Lawyer in Lewisville, TX Helping You Seek Justice

Secure Fair Spousal Support with Expert Legal Help with locations in Lewisville, Flower Mound, and Frisco

Understanding Your Rights and Obligations

When going through a divorce, one of the most frequently asked questions is whether spousal support (alimony) will be awarded. In Texas, alimony, referred to as “spousal maintenance”, is not automatically granted. It is subject to very specific legal requirements, and it is often the result of a court order or a private settlement agreement. We provide expert legal counsel to help you understand and navigate the complexities of alimony, whether you are seeking spousal support or need to protect yourself from potential obligations.

Understanding Alimony and Spousal Support in Texas

Alimony, or spousal maintenance, is financial support paid by one spouse to the other following a divorce. In Texas, there are specific legal requirements and conditions for alimony to be granted. Texas law favors private agreements (settlements) between spouses over court-ordered alimony but does allow alimony in certain circumstances. To qualify for spousal support, the requesting spouse must meet one of the following criteria:

Lack of Sufficient Property

The spouse seeking maintenance must lack sufficient property, including separate property, to meet their minimum reasonable needs after the divorce.

Circumstances for Awarding Alimony

• Family Violence: If the paying spouse has been convicted of or received deferred adjudication for an act of family violence committed during the marriage or while the divorce is pending.
• Incapacitating Disability: The spouse seeking support has a physical or mental disability preventing them from providing for their needs.
• Child Custody: The spouse seeking maintenance is the custodian of a child with a physical or mental disability requiring substantial care.
• Long Marriage: If the marriage lasted for 10 years or more, the spouse may be eligible for spousal maintenance, even without physical or mental incapacity​.

How is the Amount of Alimony Determined in Texas?

Once eligibility is established, the court will determine how much alimony is appropriate based on several factors, including:

• The financial needs of the requesting spouse and the ability of the other spouse to pay.
• The length of the marriage: Longer marriages are more likely to result in spousal maintenance.
• The requesting spouse’s education and employment history: The court will consider whether the spouse has the ability to support themselves after the divorce.
• The health and age of the requesting spouse.
• The contribution of the requesting spouse as a homemaker or caregiver.

The ability of the paying spouse to support both themselves and their ex-spouse​.

Limits on Alimony Payments

If awarded, spousal maintenance is limited by the following:

In cases involving incapacitation or a child’s disability, support can continue indefinitely