Spousal Support EXPERIENCE YOU CAN COUNT ON

Contact Me For a Consultation

Step 1 of 2

First Name
Please enter your first name.
Last Name
Please enter your last name.
Email
Please enter your email address.

This isn't a valid email address.
Phone
Please enter your phone number.

This isn't a valid phone number.

Next Step

Step 2 of 2

Are you a new client?
Please make a selection.
How Can We Help You?
Please enter a message.

Prev Step

By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Houston Spousal Support Lawyer

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.

In Texas, the nuances of spousal support are often misunderstood, leading to confusion and dissatisfaction. State law provides a framework that prioritizes the economic independence of both parties post-divorce. Our dedicated team works tirelessly to demystify these regulations, ensuring that you are informed every step of the way. Every case is unique, requiring a tailored strategy that reflects the intricacies of your personal situation. This personalized approach is crucial, especially in a culturally diverse city like Houston, where different familial expectations and traditions may come into play. By navigating these complexities with diligence and care, we aim to achieve the most favorable outcome for our clients.

Our firm is located in Houston's Galleria area, which is easily accessible and serves as a hub for legal activity in the city. Understanding local court procedures and having strong relationships with practitioners in the region enhances our ability to serve our clients efficiently and effectively.

Need help with spousal support? Contact us today at (713) 234-6260 for a free consultation from our experienced Houston spousal support lawyer 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 be any age – even an adult.

If you meet both conditions, you may be in a good position to receive support. However, qualifying for support requires a clear demonstration of your circumstances, backed by compelling evidence. Gathering this evidence can involve financial records, medical documentation, or testimonies from third parties, each playing a critical role in substantiating your case. 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.

This limitation underscores the importance of planning for a life post-support. Recipients are often encouraged to use the support period to enhance their career opportunities or further their education, setting the stage for future independence. By understanding these time constraints, those involved can better plan their financial futures and make informed decisions about career advancement and personal development during and after the divorce process.

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.

Understanding these financial caps is crucial for both the paying and receiving parties to set realistic expectations. Texas law aims to balance the financial necessity of one spouse without unduly burdening the other. This balance is further demonstrated by considering a wide variety of income sources, ensuring a fair assessment of obligations and needs. If you have questions about whether a specific source of income can qualify for consideration in a spousal support order, you can consult with our spousal support attorney in Houston.

Modifying or Terminating Spousal Support in Houston, 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 cohabitating relationship. This is because the court sees the recipient spouse’s new relationship as a source of support, making spousal maintenance unnecessary.

The road to modifying or terminating spousal support is often complex and nuanced. Each request must be accompanied by thorough documentation, such as pay stubs, employment records, or records of cohabitation, to substantiate the claimed changes in circumstances. A well-prepared modification petition can make a significant difference in the court's decision, stressing the importance of accurate and comprehensive representation when addressing such matters.

Temporary Spousal Support During Divorce Proceedings

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.

Temporary spousal support serves as a financial lifeline during a turbulent time. It is often the bridge that enables a spouse to maintain stability as they navigate the divorce. This support can cover essential expenses such as housing, utilities, and basic needs, ensuring that the transition towards independence is as smooth as possible. It's an essential tool for maintaining equitable living standards between parties until a final agreement is reached.

Enforcement of Spousal Support Orders in Houston

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.

The enforcement of spousal support is a crucial aspect of maintaining fairness and accountability in post-divorce arrangements. By taking decisive actions like wage garnishment or charges of contempt, the courts uphold the integrity of court orders and protect the financial rights of the receiving spouse. These legal mechanisms are designed not to punish but to ensure that all parties adhere to their legal obligations and maintain the financial balance intended by the divorce decree. By understanding how to modify, terminate, or enforce spousal support, both spouses can better navigate the complexities of Texas divorce law.

Tax Implications of Spousal Support

In Texas, understanding the tax implications of spousal support is critical for both the paying and receiving spouses. Although state laws govern the terms and conditions of spousal support, federal tax laws can influence its impact. It is important for both parties to comprehend how these financial arrangements affect their tax liability.

Historically, spousal support payments were deductible by the payer and taxable to the recipient. However, under changes brought by the Tax Cuts and Jobs Act of 2017, for divorce agreements executed after December 31, 2018, the payer cannot deduct alimony payments, and the recipient does not include them as taxable income. This means the financial obligations around spousal support do not affect federal taxes for agreements made in recent years. It's vital for all parties involved to consult with tax professionals or financial advisors to understand how spousal support will impact their personal financial situation, especially when navigating post-divorce economic stability.

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 a spousal support judgment. This challenge stems from the necessity of proving financial dependency or need, which courts scrutinize carefully through evidence of income, expenses, and other financial commitments. Successful petitions require comprehensive documentation and persuasive legal arguments, often necessitating the support of experienced legal counsel. That’s why you should consult with an experienced spousal support lawyer in Houston when you need help during your divorce.

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!

Continue Reading Read Less

Hear What Our Clients Are Saying

“My child is with me 100% of the time.”
You guys did great. My child is with me 100% of the time and plays soccer now.

- T.M.

FAQ: Spousal Support in Texas

Can Spousal Support Be Awarded if My Spouse & 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.

Shorter marriages can present unique challenges when it comes to spousal support. Often, the burden falls on the requesting spouse to provide concrete evidence of their financial need or inability to work due to health or other pressing conditions. Detailed financial disclosures, medical evaluations, or evidence of continuing education efforts can bolster a claim, showing a concerted effort to meet personal economic needs post-divorce.

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.

Modifying support is not merely a matter of request; it requires presenting compelling changes in your financial landscape to the court. These changes could be due to economic downturns, health issues, or unexpected employment shifts. Proper documentation, such as pay slips, termination letters, or medical reports, can substantiate your application for modification and facilitate a fair reassessment of support requirements.

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.

The duration of spousal support is intricately linked to the need demonstrated by the receiving spouse and the length of the marriage. Courts consider several factors, including the spouse's ability to earn, their role during the marriage, financial disparity, and future prospects. Crafting a timeline for support often involves a delicate balance of immediate need and future planning for self-sustainment.

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.

Remarriage and cohabitation significantly alter the financial dynamics initially considered by the court in issuing spousal support. These events presume a shared living arrangement that decreases the necessity for external financial aid. Even so, mediation can be a valuable tool for addressing any facets of the new arrangement, fostering communication, and preemptively resolving potential disputes surrounding changes to financial agreements.

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.

Failure to comply with court-ordered spousal support disrupts the financial equilibrium intended by the legal ruling. Enforcement measures not only reinforce the binding nature of court orders but serve as a deterrent against neglect. By exploring options such as direct wage garnishment and legal penalties, the court ensures obligations are met promptly and effectively, protecting the financial interests of the aggrieved 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.

The role of temporary spousal support is pivotal during the divorce process, providing interim financial stability that allows both parties to manage expenses without the added stress of financial insecurity. This temporary measure often lays the groundwork for future financial planning, enabling divorced individuals to transition smoothly from a shared income structure to autonomous financial management. In a city like Houston, where living expenses can vary widely, this interim support is crucial in maintaining consistency and stability in daily living standards for those undergoing divorce proceedings.

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.

In cases of short-term marriages, spousal support considerations often revolve around immediate financial necessity rather than long-term support. Courts may assess factors such as sudden life changes, ongoing health issues, or the need for temporary assistance to bridge the gap toward self-reliance. By addressing these short-term needs, the court system aims to ensure equitable treatment and support for individuals who may not yet be fully financially independent.

Frequently Asked Questions

How Does Houston's Divorce Process Affect Spousal Support?

Houston's divorce process generally follows Texas state guidelines, but local courts can have specific rules and procedures that impact the decision to grant spousal support. Factors considered include the duration of the marriage, contribution to the household by the requesting spouse, and any relevant cases of domestic violence. Each case is judged individually, making it crucial to have legal counsel familiar with Houston's specific courtroom expectations.

Can Spousal Support Be Paid in Lump Sum in Texas?

In certain cases, spousal support can be agreed upon as a lump-sum payment rather than monthly payments. This arrangement requires both parties to agree and the court to approve it as fair. Lump-sum payments may be advantageous for those wishing to sever financial ties quickly or avoid future payment obligations, yet they must be carefully negotiated to ensure fairness for both parties involved.

What Are Common Disputes in Spousal Support Cases?

Common disputes in spousal support cases often revolve around the amount awarded, duration of payment, or changes in financial status. Other points of contention can include the recipient's ability to self-sustain shortly after divorce or perceived unfairness in support orders. Legal representation can assist in navigating these disputes, presenting evidence to argue for fair consideration based on the presented facts and circumstances.

How Can Houston’s Living Costs Impact Spousal Support?

Houston’s cost of living can significantly impact the determination of spousal support amounts. Considerations such as housing costs, utilities, healthcare expenses, and educational opportunities are factored into assessing a fair support amount. Understanding the economic landscape of Houston is essential for both the paying and receiving spouse to ensure that support reflects the reality of living expenses while maintaining a fair balance.

Are Spousal Support Agreements Challenging to Enforce?

While challenging, spousal support agreements are enforceable through legal channels in Texas. When a party neglects their payment obligations, the court can take action through wage garnishments, liens, or other punitive measures. Effective legal counsel ensures that all enforcement options are explored and properly executed to protect the rights and financial wellbeing of the entitled party.

Continue Reading Read Less

Why Choose Kay Polk, Attorney at Law?

Client Satisfaction, Communication, and Education is Priority
Exclusively Focus on Divorce & Family Law Cases
Access to a Wide Range of Resources to Creatively Handle Your Case
Over 18 Years of Experience Helping Hundreds of Families

Take the First Step Toward a Brighter Future

Whether you're facing a divorce, custody dispute, adoption, or another family law challenge in the Houston area, Kay Polk, Attorney at Law, offers trusted, results-driven representation with the compassion you deserve. Let us guide you with clarity, strength, and care—every step of the way. Call now to protect your rights and start moving forward.

Schedule Your Confidential Consultation Today

Contact 713-234-6260

Address

1502 Augusta Drive
#390
Houston, TX 77057

Map & Directions

Follow Us