Houston Spousal Support Attorney
Dedicated Support for Your Spousal Maintenance Needs
Officially referred to as “maintenance” by the courts in Texas, many people know it as “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 spousal support 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 spousal support 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 spousal support are fairly considered.
Need help with spousal support? Contact us today at (713) 234-6260 for a free consultation and get the legal guidance you deserve.
Eligibility Criteria for Spousal Maintenance in Texas
Either spouse is eligible to request and receive spousal support 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 support is disabled due to a physical or mental disability that makes them unable to earn a sufficient income.
- The request for support 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 support. That said, spousal support 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 spousal support attorney in Houston, such as Kay Polk, Attorney at Law.
Duration of Spousal Support in Texas
The longest a spousal support order can last is 10 years. As of 2011, spousal support in Texas can last up to a decade, but only when a marriage exceeded 30 years. Some states provide permanent spousal support for long-term marriages, but this is not the case in Texas.
Understanding Maximum Spousal Support Amounts in Texas
Yes. The maximum amount of monthly spousal support 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 spousal support order, you can consult with our spousal support attorney in Houston.
Modifying or Terminating Spousal Support in Texas
Spousal support orders in Texas are not always set in stone. There are certain circumstances in which these orders can be modified or terminated.
Changes in Financial Situation: If the paying spouse experiences a significant financial setback, such as a job loss or reduction in income, they may request a modification to the support order. On the flip side, if the recipient spouse’s financial situation improves or if they become financially self-sufficient, the paying spouse might ask the court to reduce or terminate the spousal support.
Recipient Spouse’s Ability to Support Themselves: If the recipient spouse gains employment or becomes financially stable enough to support themselves, they can request that the court terminates or reduces the spousal support. The court will consider factors such as the recipient spouse’s earning capacity and efforts to become self-sufficient.
Remarriage or Cohabitation: In Texas, spousal support may automatically terminate if the recipient spouse remarries or begins living with a new partner in a cohabiting relationship. This is because the court sees the recipient spouse’s new relationship as a source of support, making spousal maintenance unnecessary.
Temporary Spousal Support During Divorce
Before a divorce is finalized, the court may grant temporary spousal support to ensure the lower-income spouse can maintain a similar standard of living while the divorce process is ongoing.
Criteria for Temporary Support: To qualify for temporary support, the requesting spouse must demonstrate that they lack sufficient financial resources to meet their minimum reasonable needs during the divorce process. The court will review the requesting spouse’s income, the length of the marriage, and the financial disparity between the spouses.
Difference from Post-Divorce Support: Unlike post-divorce spousal support, which is long-term, temporary spousal support is a short-term arrangement designed to provide financial relief while the divorce is pending. Once the divorce is finalized, the court will determine whether permanent spousal support is necessary based on the circumstances.
Enforcement of Spousal Support Orders
When a spousal support order is not being followed, there are legal steps that can be taken to enforce it.
Wage Garnishment: If the paying spouse fails to make the required payments, the court can order that the support be deducted directly from their paycheck. This ensures consistent and automatic payments.
Contempt of Court: If the paying spouse continues to ignore the support order, they may be held in contempt of court. This could result in fines, penalties, or even jail time. The court may also increase the amount owed or impose additional measures to ensure compliance.
By understanding how to modify, terminate, or enforce spousal support, both spouses can better navigate the complexities of Texas divorce law.
Challenges in Obtaining Spousal Support in Texas
It can be. Historically, Texas didn’t recognize post-divorce spousal support 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 spousal support and extended the maximum duration to 10 years, however, it’s still not easy to win an spousal support judgment. That’s why you should consult with an experienced spousal support lawyer in Houston when you need help during your divorce.
FAQ: Spousal Support in Texas
Can spousal support be awarded if my spouse and I have been married for less than 10 years?
- Yes, spousal support can still be awarded in Texas if the marriage lasted less than 10 years, but certain conditions must apply. These conditions include the spouse being unable to provide for their minimum reasonable needs, or if there has been family violence or a disability preventing them from earning a sufficient income.
Can I modify spousal support if my financial situation changes?
- Yes, you can request a modification of spousal support if there is a significant change in your financial circumstances. If the paying spouse loses their job or the recipient spouse becomes self-sufficient, either party can ask the court to adjust the amount or terminate support.
How long does spousal support last in Texas?
- In Texas, spousal support can last up to 10 years, but only if the marriage lasted 30 years or longer. Otherwise, the duration is typically shorter, depending on the specifics of the case.
Does spousal support continue if the recipient spouse remarries?
No, in Texas, spousal support will automatically terminate if the recipient spouse remarries. The same applies if the recipient spouse starts cohabiting with a new partner in a romantic relationship. However, parties may choose mediation to discuss potential changes to the spousal support arrangement if necessary.
What happens if my spouse refuses to pay the court-ordered spousal support?
- If the paying spouse refuses to comply with the spousal support order, enforcement actions can be taken. This may include wage garnishment or contempt of court charges, which can lead to fines or even jail time for the non-compliant spouse.
Can I get temporary spousal support while my divorce is pending?
- Yes, you can request temporary spousal support during the divorce process. This support is meant to help the lower-income spouse maintain a basic standard of living while the divorce is ongoing. It is temporary and can be adjusted or terminated once the divorce is finalized.
Can spousal support be awarded for a short-term marriage?
- While spousal support is generally more common in long-term marriages, it can be awarded in short-term marriages if the requesting spouse has specific needs, such as a disability or caregiving responsibilities that prevent them from supporting themselves. The court will evaluate the circumstances and financial need before making a determination.
Get Your Free Consultation Today
Kay Polk, Attorney at Law is committed to representing clients in all divorce-related legal matters. If spousal support is relevant to your divorce, we can provide the advocacy you require. We can assist clients whether they’re requesting spousal support or challenging their spouse’s request.
Facing spousal support issues in your divorce? Contact us now at (713) 234-6260 to speak with an experienced attorney. We're here to help!