Houston Spousal Support Lawyer
Helping Clients Fight for Fair Spousal Maintenance
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.
Qualifying for Spousal Maintenance or Spousal Support 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.
How Long Can Spousal Support Last 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.
Is There a Maximum Amount of Spousal Support 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.
Is It Hard to Get Spousal Support/Maintenance 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.
Contact Us for a Free Consultation
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.
For more information about our legal services, contact Kay Polk, Attorney at Law online.