Divorce can be one of the most financially challenging experiences in a person’s life. For many, spousal support, also known as alimony, provides a necessary financial cushion to help maintain stability after the end of a marriage.
In Texas, spousal support is not automatically granted. Courts follow strict guidelines to determine whether one spouse qualifies, how much should be paid, and for how long. Without experienced legal guidance, many individuals risk receiving less support than they deserve—or none at all. This is where we come in. As experienced divorce lawyers in Houston, we help our clients build strong cases to secure the financial support they need for a stable future.
This article covers how Texas courts determine spousal support, the factors that influence the amount and duration, and how working with a divorce attorney in Houston, TX, can increase your chances of a fair outcome.
How Texas Courts Determine Spousal Support
Texas law imposes strict requirements for awarding spousal maintenance. The court will only grant support if the spouse seeking it cannot meet their basic needs and one of the following conditions applies:
- The marriage lasted at least ten years, and the requesting spouse lacks sufficient income or employment prospects.
- The requesting spouse has a physical or mental disability preventing them from earning sufficient income.
- The requesting spouse is the primary caregiver for a disabled child, making it impossible to earn enough income.
- The paying spouse was convicted of family violence within two years before the divorce filing.
- Even when a spouse qualifies, the court considers several factors to determine the amount and duration of payments.
Factors That Influence the Amount and Duration of Spousal Support
Texas courts do not have a set formula for calculating spousal support. Instead, they consider a variety of factors to determine what is fair, including:
- Each spouse’s financial resources and ability to provide for themselves
- The education and employment skills of both spouses
- The time and cost required for the requesting spouse to gain sufficient training or education
- The age, employment history, and earning ability of the spouse seeking support
- Contributions by one spouse to the education or career of the other
- Marital misconduct, including adultery or financial fraud
- Any history of domestic violence
Texas law also places limits on the duration of support payments. Generally, spousal maintenance is capped at:
- Five years for marriages lasting 10-20 years
- Seven years for marriages lasting 20-30 years
- Ten years for marriages lasting more than 30 years
Additionally, courts will not order support exceeding the lesser of $5,000 per month or 20% of the paying spouse’s gross income. Given these restrictions, having strong legal representation is essential to securing fair support.
How a Divorce Attorney in Houston Can Help You Secure Fair Support
Working with an experienced divorce attorney can make a significant difference in the outcome of your case. Here’s how we assist our clients in securing the best possible spousal support arrangement:
1. Building a Strong Case for Support
The burden of proof is on the spouse requesting support. We help our clients gather compelling evidence to demonstrate their financial need, including:
- Income statements and employment records
- Evidence of education and job skills
- Documentation of medical conditions or disabilities
- Proof of contributions to the other spouse’s career or education
- Budget analysis showing necessary expenses
2. Negotiating Favorable Settlements
Many spousal support cases are resolved through negotiations rather than courtroom litigation. We leverage our experience in family law and litigation to negotiate fair settlements that meet our clients’ needs. By advocating aggressively, we aim to secure higher payments and longer durations where justified.
3. Representing Clients in Court
If a fair settlement cannot be reached, we are prepared to present a compelling case in court. Our extensive experience as family court lawyers in Houston allows us to effectively argue for the support our clients deserve.
4. Modifying Spousal Support Orders
Circumstances can change after a divorce is finalized. If you or your former spouse experiences a significant change in income, employment, or health, we assist with filing modification requests to adjust support payments accordingly.
5. Ensuring Compliance with Court Orders
Unfortunately, some former spouses fail to comply with court-ordered spousal support. We take legal action to enforce support payments, using tools such as wage garnishment and contempt of court motions to hold non-compliant spouses accountable.
Struggling with Spousal Support? Let Us Help.
Are you worried about receiving the financial support you need after your divorce? You don’t have to face this battle alone. At Daniel Ogbeide Law, our team of dedicated divorce attorneys in Houston, TX, fights for fair spousal support arrangements to protect our clients’ financial well-being.
With extensive experience in family law and litigation, we understand how to present strong cases in both negotiations and court proceedings.
If you need experienced and aggressive representation from skilled divorce lawyers in Houston, contact us at 832-321-7005. We will assess your case, explain your rights, and develop a strategy to secure the best possible outcome. Schedule a consultation with our family court lawyers in Houston to take the first step toward financial stability after divorce.