Texas Spousal Support Lawyer

Worried about money during or after a Texas divorce. You are not alone. At McCarty-Larson, PLLC, we help clients pursue or defend spousal support, known in Texas as spousal maintenance, with steady guidance and clear answers. Whether you expect to request support or think you could be asked to pay for it, our team focuses on protecting your finances and setting you up for the next chapter.

Spousal Maintenance in Texas: Basics

Texas uses the term spousal maintenance for post-divorce support. Courts do not use it to equalize lifestyle; they use it to help a spouse meet minimum reasonable needs for a limited time. Spouses can agree to support in a settlement, and if talks stall, a spouse can file a formal request asking the court to order maintenance. For court-ordered maintenance, the requesting spouse must show a lack of sufficient property to cover the minimum reasonable needs. Texas Family Code then requires at least one qualifying ground, often proven with records and testimony.

• Family violence finding against the other spouse within two years before filing, or while the case is pending.
• Marriage of 10 years or longer, and the requesting spouse, despite diligent effort, cannot earn enough to cover basic needs.
• The requesting spouse lives with an incapacitating disability that limits earning ability.
• The requesting spouse cares for a child of the marriage with a disability, which prevents adequate employment.

Contractual alimony can also be part of a settlement. That is different from court-ordered maintenance, and it is enforced like a contract rather than by contempt remedies used for court orders.

Topic	Rule	Notes
Maximum monthly amount	Lesser of 20% of the payer’s average gross monthly income or $5,000	Set by statute
Typical duration caps	Up to 5 years, 7 years, or 10 years	Five years for 10 to 20-year marriages or recent family violence. Seven years for 20 to 30 years. Ten years for 30 years or more.
Automatic termination	Remarriage or cohabitation of the receiving spouse, or death of either party	Cohabitation must be with a romantic partner
Tax treatment	Payments under orders entered after 2018 are not deductible and not taxable to the recipient	Confirm current IRS rules with a tax professional

How McCarty-Larson Assists Clients with Spousal Support Matters

Maintenance issues touch income, budgets, health, and caregiving duties. Our team works on each case with care from the first meeting through final orders.

Comprehensive Case Evaluation

We review whether maintenance is realistic to request or likely to be contested if you are the payer. That includes the length of marriage, any family violence findings, disability issues, job skills, and documented job search efforts. We also study financial records, employment history, health information when relevant, and budgets to present a complete picture to the court or to the other side in talks.

Skillful Negotiation and Advocacy

We press for fair terms in settlement, including amount, start dates, and duration limits that fit the law and your budget. If talks fail, we are ready to present a focused case in court with solid evidence and clear arguments. Our goal is to help you reach a workable result that you can live with, whether you seek support or face a request to pay it.

Guidance on Temporary and Long-Term Solutions

Some clients need temporary maintenance during the divorce to keep bills paid. We explain when temporary orders make sense and pursue them quickly when needed. We also address longer-term support, including caps tied to marriage length and realistic end points, so you have a plan you can rely on.

Modification and Enforcement of Orders

Life changes happen. If income drops, health shifts, or the receiving spouse reaches self-sufficiency, we file to modify or end maintenance based on a material change in circumstances. If payments stop without a lawful reason, we seek enforcement through wage withholding, judgments for arrears, and court remedies that protect your rights.

Main Factors in Determining Spousal Maintenance

Courts look at many facts, then set a limited award only if the law allows it. No two families are the same, but some themes repeat.

• Length of the marriage, with longer marriages sometimes supporting longer support windows.
• Earning ability and job history of both spouses, plus education, skills, and time needed for training.
• Age and physical or mental health of each spouse, especially when health limits earnings.
• Contributions to the other spouse’s education or career, including homemaking and childcare.
• Family violence and other serious misconduct affected the spouse requesting support.

The court also looks at budgets, debts, and property awarded in the divorce to judge actual need and ability to pay.

Addressing Common Spousal Support Concerns

Clients often have the same first questions about maintenance. Here are clear answers you can use right now.

Will I have to pay spousal maintenance?

Not every divorce involves maintenance. Texas law starts with the idea that each spouse should support themselves, then allows maintenance only when the statute is met. Obligations often arise after long marriages where the other spouse cannot meet basic needs despite effort, or where there is a recent family violence finding, a disability, or the care of a child with a disability.

How is the amount of spousal maintenance calculated?

There is a cap, the lesser of 20% of the payer’s average gross monthly income or $5,000. Within that cap, the court looks at the supported spouse’s needs, both parties’ incomes, and other factors listed in the statute. We build a detailed monthly budget and income analysis, then argue for an amount that fits the law and the facts.

How long will spousal maintenance last?

Maintenance is time-limited in most cases, with statutory caps tied to the length of the marriage. Think in terms of up to five years for 10 to 20 years of marriage, seven years for 20 to 30, and ten years for 30 or more. Support ends early if the receiving spouse remarries or cohabits with a romantic partner, or if either spouse dies. In disability situations, support can continue as long as the qualifying condition exists, subject to court review.

McCarty-Larson, PLLC: Your Advocate for Spousal Support Matters

Spousal maintenance cases call for steady communication, careful preparation, and a clear plan. Our firm brings decades of combined family law experience to your corner. We pair compassion with strong advocacy, so your voice is heard and your rights stay front and center. You get direct attention from our team, quick responses, and a plan that matches your goals. From early strategy through negotiation or a hearing, we work hard to secure a fair and workable result.

Contact McCarty-Larson for a Free Consultation

If spousal support is at issue in your Texas divorce, reach out and get answers now. Call 972-775-2100 or visit our website to schedule a free consultation and talk through your options. We welcome your questions, and we are ready to step in and help protect your finances and your future. Feel free to contact us anytime for straightforward guidance and strong representation.

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