Spousal Support

Family Law

Frisco Spousal Support Attorney

In Texas, spousal support (alimony) is called spousal maintenance, and it can be hard to get a Texas family court judge to order it, even if you are a stay-at-home parent. That said, it is possible to get spousal maintenance if your divorce attorney fights for it and you meet the qualifications.

Call (214) 423-5100 to schedule your initial consultation with a Frisco family lawyer and learn more about spousal maintenance in Texas.

What factors determine eligibility for spousal support?

The first requirement for receiving spousal support is that the spouse seeking support must lack sufficient “property” (marital property, separate property, and income) to provide for their “minimum reasonable needs.”

But what is the minimum reasonable need? The law does not specify that, so it’s up to the judge to decide. And that’s where an aggressive, effective lawyer can help to make the case by providing information regarding:

Assets and income of both spouses
The requesting spouse’s employment history, skills, education, and job training
The requesting spouse’s age, physical health, and emotional state
The requesting spouse’s history of service to the family as a homemaker

Even if the judge agrees that this information points to insufficient means, the law requires more than that before he or she can order spousal maintenance.

The marriage must have lasted at least ten years, and there must be evidence that the requesting spouse is making an effort to get vocational training or to earn sufficient income or
If the marriage lasted less than ten years, the requesting spouse must have suffered family violence within the prior two years or
The requesting spouse must be physically or mentally incapacitated, or
The requesting spouse must be the custodial parent of a disabled child (of any age) who requires supervision, thus preventing them from working.

How much spousal support am I entitled to?

If you meet the above criteria, you likely qualify for spousal support, but you should know that Texas law limits the amount of support you can receive. Support cannot exceed $5,000 monthly or 20% of the payor’s average monthly gross income.

Contractual alimony vs. court-ordered spousal maintenance

There’s a distinction between contractual alimony and court-ordered spousal maintenance in Texas. Contractual alimony is an agreement between divorcing parties, offering flexibility and potentially more favorable terms. In contrast, the court determines court-ordered spousal maintenance based on statutory criteria. As your Frisco spousal support attorney, we can help you understand the benefits and drawbacks of each, guiding you toward the best solution for your unique situation, whether it involves negotiating an agreeable alimony contract or advocating for fair maintenance in court.

How long does spousal support last?

Under ten years of marriage, with family violence	5 years max
10-20 years of marriage	5 years max
20-30 years of marriage	7 years max
30+ years of marriage	10 years max

Our Frisco spousal maintenance lawyers will assist every step of the way

At Albin Oldner Law, our Frisco spousal support attorneys are dedicated to providing you with the compassionate support and rigor your case deserves. Here are just some of the ways we can help in your case.

Modification and termination of spousal support

Understanding when and how spousal support can be modified or terminated is crucial. If you or your ex-spouse’s financial circumstances have significantly changed, you may qualify for a modification of the spousal support order. Additionally, spousal support typically ends if the recipient remarries or either party dies. As your Frisco spousal support attorney, we can guide you through the legal process of modifying or terminating spousal support, ensuring the changes in your life are reflected legally and fairly.

Enforcement of spousal support orders

Ensuring compliance with spousal support orders is legally and financially necessary. Legal avenues are available to enforce the court’s order if your ex-spouse is not making timely payments. Our Frisco spousal support attorneys can assist you in taking action to enforce spousal support orders, including filing for contempt of court, which may result in wage garnishment, fines, or other penalties for the non-compliant party. We approach these situations with empathy and determination, aiming to resolve your concerns swiftly and effectively.

Spousal maintenance agreements

Negotiating a spousal maintenance agreement outside of court can provide a more tailored solution to meet both parties’ needs. Our experienced Frisco spousal support attorneys can facilitate this process, ensuring that any agreement is comprehensive and fair and considers all aspects of your post-divorce financial landscape. We aim to create agreements that provide security and clarity for the future, allowing you to move forward confidently.

Appealing spousal support orders

If the court’s decision on spousal support was unjust or based on incorrect information, you may have grounds for an appeal. Our skilled Frisco spousal support attorneys can review your case, assess the feasibility of an appeal, and represent your interests in seeking a more equitable resolution. We understand the complexities of appellate law and are committed to advocating for your financial rights and well-being.

Role of prenuptial and postnuptial agreements

Prenuptial and postnuptial agreements can significantly impact spousal support terms. These agreements allow couples to define the conditions of spousal support, offering clarity and predictability. Whether you’re considering drafting such an agreement or are facing divorce with one in place, consulting with a knowledgeable Frisco spousal support attorney is essential. We provide comprehensive counsel to protect your interests and ensure agreements serve your long-term goals.

Tax implications behind spousal support

As of January 1, 2019, spousal support cannot be deducted from the payor’s taxes. There is no more alimony deduction. This will make it considerably more expensive for the alimony-paying partner because they also pay taxes on that money.

For the ex-spouse receiving alimony, like child support, the receiver of alimony will not have to declare it as income and will not need to pay taxes.

How does cohabitation affect spousal support?

Cohabitation can affect spousal support payments, potentially providing grounds for modification or termination of the support order. If you or your ex-spouse enters into a cohabitating relationship post-divorce, it’s essential to understand the legal implications. Our compassionate team at Albin Oldner Law will guide you through how cohabitation impacts spousal support in Texas, offering clear, strategic advice tailored to your circumstances.

Our Frisco spousal support lawyers are ready to get started

We understand the nuances of Texas spousal support law and are committed to advocating for your financial security and peace of mind. Reach out to us to navigate the complexities of spousal support with a team that genuinely cares about your future.

214-225-4325