Houston Alimony Lawyer

Helping Clients Fight for Fair Spousal Maintenance

Officially referred to as “maintenance” by the courts in Texas, many people know it as “alimony” or “spousal support.” It’s a post-divorce arrangement in which one spouse pays the other a sum of money on an ongoing basis. Whether you or your spouse is requesting alimony during your divorce, it’s essential to have experienced legal assistance.

Kay Polk, Attorney at Law can offer the guidance and legal support you need for all aspects of your divorce, including disputes involving maintenance. Our alimony lawyer in Houston has more than 20 years of experience assisting clients with their divorces, ensuring each individual receives the personalized attention they need. Rest assured that with our help, you can have a better chance to ensure your interests in your – or your spouse’s – request for alimony are fairly considered.

Contact Kay Polk, Attorney at Law online or call (713) 234-6260 now to request a free consultation.

Qualifying for Spousal Maintenance or Alimony in Texas

Either spouse is eligible to request and receive alimony in Texas during the divorce process, but two important conditions apply.

First, a court will only consider awarding maintenance when the spouse requesting it can prove they lack the financial resources and ability to provide for their own minimum reasonable needs.

Second, the requesting spouse must prove at least one of the following applies to them:

• The marriage lasted at least 10 years and the requesting spouse can’t earn a sufficient income but has made an effort to earn income or develop skills to become self-sufficient.
• There was a history of violence against the asking spouse or the couple’s children. The violence occurred within two years of the divorce and the abuser-spouse was convicted or awarded deferred adjudication for family violence.
• The spouse requesting alimony is disabled due to a physical or mental disability that makes them unable to earn a sufficient income.
• The request for alimony is based on the care required for a disabled child, taking into account that the child was of the marriage and requires substantial care that prevents the requesting spouse from earning sufficient income. The child can any age – even an adult.

If you meet both conditions, you may be in a good position to receive alimony. That said, alimony has only existed in Texas since 1997, and the courts are not always inclined to award it when requested. That’s why you should seek legal counsel from an experienced alimony attorney in Houston, such as Kay Polk, Attorney at Law.

How Long Can Alimony Last in Texas?

The longest an alimony order can last is 10 years. As of 2011, alimony in Texas can last up to a decade, but only when a marriage exceeded 30 years. Some states provide permanent alimony for long-term marriages, but this is not the case in Texas.

Is There a Maximum Amount of Alimony in Texas?

Yes. The maximum amount of monthly alimony a court in Texas can order is $5,000 or 20% of the paying spouse’s gross income, whichever is less. Gross income includes all of the paying spouse’s wage or salary income, including commissions, tips, overtime pay, and bonuses. It also includes interest and dividends on investments and many other forms of income.

If you have questions about whether a specific source of income can qualify for consideration in an alimony order, you can consult with our alimony attorney in Houston.

Is It Hard to Get Alimony/Maintenance in Texas?

It can be. Historically, Texas didn’t recognize post-divorce alimony as many other states had. That changed in 1997, when the first statute providing maintenance became law.

Even with an update in 2011 that doubled the amount of monthly minimum alimony and extended the maximum duration to 10 years, however, it’s still not easy to win an alimony judgment. That’s why you should consult with an experienced alimony lawyer in Houston when you need help during your divorce.

Contact Us for a Free Consultation

Kay Polk, Attorney at Law is committed to representing clients in all divorce-related legal matters. If alimony is relevant to your divorce, we can provide the advocacy you require. We can assist clients whether they’re requesting alimony or challenging their spouse’s request.

For more information about our legal services, contact Kay Polk, Attorney at Law online.