Alimony Attorney in Houston
Spousal Maintenance Representation for Both Sides of a Support Dispute
Texas officially calls post-divorce support “maintenance,” though most people still use “alimony” or “spousal support.” Whatever term you use, the legal standards are strict, the stakes are real, and the outcome depends heavily on how well your case is built or defended. We represent clients on both sides of a maintenance dispute, whether you’re requesting support or responding to a spouse’s claim.
Kay Polk brings more than 20 years of experience in Houston family courts to every spousal support matter. Her background as an amicus attorney gives her direct experience evaluating how Texas courts weigh competing financial claims in family disputes. That vantage point is a practical advantage when structuring a maintenance petition, anticipating the arguments a spouse’s attorney may raise, or preparing a response to an unreasonable request. Our firm is located in Houston’s Galleria area and serves clients throughout Harris County.
Need help with spousal support? Contact us today at (713) 234-6260 for a free consultation with an experienced Houston spousal support attorney.
Eligibility Criteria for Spousal Maintenance in Texas
Spousal maintenance isn’t automatic in Texas. Courts don’t award it simply because one spouse earns more than the other. Two conditions must both be satisfied before a court will consider a maintenance award.
First, the requesting spouse must demonstrate they lack the financial resources to meet their own minimum reasonable needs. That standard isn’t precisely defined in the Texas Family Code, leaving courts to evaluate housing, utilities, transportation, insurance, medical costs, and child care on a case-by-case basis.
Second, the requesting spouse must prove at least one of the following applies:
- The marriage lasted at least 10 years and the requesting spouse can’t earn sufficient income despite diligent efforts toward employment or skill development
- The paying spouse was convicted of or received deferred adjudication for family violence against the requesting spouse or the couple’s children within two years before the divorce filing, or while the divorce suit is pending
- The requesting spouse has a physical or mental disability that prevents them from earning sufficient income
- The requesting spouse must care for a disabled child of the marriage whose needs prevent the spouse from earning sufficient income, regardless of the child’s age
Meeting both conditions positions a spouse to seek maintenance, but eligibility alone doesn’t guarantee an award. Texas courts have applied these standards conservatively since the first maintenance statute took effect in 1997, and courts frequently deny petitions not supported by thorough documentation. We help clients build the evidentiary record for each eligibility prong, including financial records, medical documentation, and third-party testimony. If you’re evaluating whether you qualify, a free consultation is the right first step.
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.
Frequently Asked Questions
Can Spousal Support Be Awarded if My Spouse and I Have Been Married for Less Than 10 Years?
- Yes. If a marriage lasted fewer than 10 years, spousal maintenance may still be awarded when the requesting spouse can’t meet their minimum reasonable needs and one of three conditions applies: documented family violence by the other spouse within two years before the divorce filing or while the suit is pending, a physical or mental disability preventing sufficient income, or care of a disabled child of the marriage that prevents the requesting spouse from earning sufficient income.
Can I Modify Spousal Support if My Financial Situation Changes?
- Yes. Either spouse may petition the court to modify or terminate a spousal support order by demonstrating a material and substantial change in circumstances. Common qualifying changes include a significant job loss or income reduction by the paying spouse, or the recipient spouse gaining employment or becoming financially self-sufficient. The request must be supported by updated financial documentation, and the paying spouse can’t reduce or stop payments without a court order.
Does Spousal Support End if the Recipient Spouse Remarries?
- Yes. Court-ordered spousal maintenance in Texas terminates automatically upon the recipient spouse’s remarriage or upon cohabitation with a romantic partner in a continuing relationship. The paying spouse doesn’t need to return to court for termination to take effect upon remarriage, though a court filing may be needed to document it. Mediation can address any related financial questions that arise from the change in circumstances.
What Happens if My Spouse Refuses to Pay Court-Ordered Spousal Support?
- The receiving spouse may file a formal enforcement motion in Harris County family courts. Tools available to the court include wage garnishment, liens, fines, and contempt of court proceedings, which can result in jail time for repeated or willful non-compliance. Documentation such as bank records, missed payment logs, and correspondence between parties may be needed to establish non-payment at a hearing.
Can I Get Temporary Spousal Support While My Divorce Is Pending?
- Yes. Texas courts may award temporary maintenance to a lower-income spouse before the divorce is finalized. Temporary support isn’t subject to the same statutory eligibility requirements as post-divorce maintenance and is designed to help maintain a basic standard of living during proceedings. Once the divorce is final, the court separately evaluates whether long-term maintenance is appropriate.
Can Spousal Support Be Paid in a Lump Sum in Texas?
- In certain cases, parties can agree to a lump-sum arrangement rather than ongoing monthly payments. This requires both parties to agree and the court to approve the arrangement as fair. A lump-sum payment may appeal to couples who want to resolve financial ties cleanly, but the terms must be carefully negotiated to protect both parties.
What Is Contractual Alimony and How Does It Differ from Court-Ordered Maintenance?
- Contractual alimony is a private agreement between spouses that operates outside Texas Family Code Chapter 8. Unlike court-ordered maintenance, it isn’t capped at $5,000 per month or 20% of gross income, and the parties set their own duration. The trade-off is enforcement: because it isn’t a court order, a spouse who fails to pay must be pursued through a civil lawsuit rather than through contempt or wage garnishment.
What Are Common Disputes in Spousal Support Cases?
- Disputes frequently involve the amount awarded, the duration of payments, disagreements about the recipient’s ability to become self-supporting, and changes in either spouse’s financial circumstances after the order is issued. Contested cases often require detailed financial affidavits, vocational assessments, and documentation of expenses to resolve.
Why Choose Kay Polk, Attorney at Law?
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Client Satisfaction, Communication, and Education is Priority
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Exclusively Focus on Divorce & Family Law Cases
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Access to a Wide Range of Resources to Creatively Handle Your Case
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Over 20 Years of Experience Helping Hundreds of Families
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.
