Spousal support ors spousal maintenance , is one of the most complex aspects of divorce. While it is not automatically granted, it is possible to secure support if you meet the necessary legal requirements. At Albin Oldner Law, we understand the financial concerns that arise during divorce and are dedicated to helping our clients achieve fair and sustainable outcomes.
If you seek spousal maintenance or need guidance on modifying an existing order, call (214) 423-5100 to schedule a consultation with an experienced Frisco spousal support attorney today.
Our Frisco family law attorneys understand that spousal maintenance can be a critical issue in divorce, impacting both financial stability and future well-being. Our approach combines compassionate guidance with strategic legal expertise, ensuring our clients receive fair and sustainable support arrangements.
Here’s how our Frisco spousal support attorneys stand out in handling spousal maintenance cases:
At Albin Oldner Law, we fight to protect your financial future—whether securing the support you need or ensuring that payments remain fair and manageable.
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To be eligible for spousal maintenance, a spouse must demonstrate that they lack sufficient property or income to meet their minimum reasonable needs. Since Texas law does not define “minimum reasonable needs,” the court evaluates each case individually, considering factors such as:
Even if a spouse meets these criteria, additional conditions must be satisfied before the court can order maintenance:
If the court grants spousal maintenance, the amount is capped at $5,000 per month or 20% of the payor’s average monthly gross income, whichever is lower. This limitation ensures that support remains fair while considering both parties’ financial circumstances.
Spouses can negotiate contractual alimony, which allows for customized terms, flexibility, and potentially higher payments than court-ordered maintenance. Alternatively, court-ordered spousal maintenance follows Texas statutory guidelines. At Albin Oldner Law, we help clients determine the best approach, whether negotiating a favorable alimony contract or advocating for fair maintenance in court.
The duration of spousal maintenance depends on the length of the marriage:
Support generally ends if the recipient remarries or cohabitates with a new partner, and modifications may be requested if financial circumstances change.
Life changes, and maintenance agreements may need to adapt. If either spouse experiences a significant financial shift, such as job loss, or health issues, modifications may be warranted. However, a Court can only lower the amount of maintenance, not increase it. Additionally, support terminates upon remarriage, cohabitation, or the death of either spouse.
Our Frisco spousal support attorneys help clients navigate modifications and ensure their financial agreements reflect their current circumstances.
If an ex-spouse fails to comply with court-ordered spousal maintenance, enforcement actions may be necessary. Texas courts have several tools to enforce compliance, including:
At Albin Oldner Law, we take swift legal action to ensure our clients receive the support they are entitled to.
Prenuptial and postnuptial agreements can define or waive spousal maintenance obligations before or during the marriage. These agreements provide clarity and prevent disputes about financial support in the event of divorce. If you have a prenup in place, our attorneys can review its enforceability and ensure your rights are protected.
Since 2019, spousal maintenance is no longer tax-deductible for the payor, nor is it considered taxable income for the recipient. This significant change impacts financial planning and must be considered when negotiating support terms.
If a spousal maintenance recipient begins cohabitating with a romantic partner, the payor may seek termination of payments. Courts view cohabitation as an alternative form of financial support and may modify or end the obligation. If you need assistance proving or disputing a cohabitation claim, our attorneys can provide the legal support necessary to protect your rights.
You must request spousal support during your divorce proceedings, as Texas law does not allow you to seek it once the divorce is finalized.
At Albin Oldner Law, we understand that alimony can be a lifeline during and after divorce. Our experienced Frisco spousal support attorneys are dedicated to helping you secure fair and sustainable financial arrangements that support your long-term well-being.
Contact us online or call (214) 423-5100 today to schedule your consultation and take control of your financial future.
Call Albin Oldner Law, PLLC at (214) 423-5100 or contact us online
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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