Dallas Spousal Maintenance Attorneys
Fighting for an Equitable Outcome in Maintenance Cases in Dallas & Austin TX
Spousal maintenance can help a party maintain financial stability throughout and after a divorce. Whether you find yourself as a prospective payor or recipient in a spousal maintenance case, our Dallas spousal maintenance lawyers will work with you to pursue an equitable resolution.
How Does Spousal Maintenance Work in TX?
To obtain spousal maintenance in Texas, one of the following circumstances must be applicable to the case:
- The recipient cannot financially support themselves due to an incapacitating mental or physical condition;
- The recipient cannot financially support themselves and the marriage lasted for ten or more years;
- The prospective payor was convicted of family violence against their spouse or children while the divorce was pending or within two years of filing; or
- The recipient is the custodial parent of a child who requires additional assistance due to special needs such as a medical condition.
Most spousal support cases fall under the first two categories, in which the recipient requests maintenance because they cannot feasibly provide for their own basic needs post-divorce.
If a couple is married for more than ten years but less than 20, spousal maintenance cannot last longer than five years. That number increases to seven years if the spouses were married for at least 20 but less than 30 years, and up to ten years if they were married for 30 years or more.
Texas has more restrictive spousal maintenance laws than many other states. Spousal maintenance payments are calculated on a case-by-case basis but cannot amount to more than $5,000 per month or 20% of the payor's gross monthly income, whichever is less. Additionally, a judge must order the shortest possible duration of spousal maintenance unless a special condition (such as a recipient being incapacitated) makes that unfeasible.
What Factors Do Courts Consider During Maintenance Cases?
Courts consider a wide range of factors during spousal maintenance cases, including:
- The age and health of each party;
- The duration of the marriage;
- Each party's current financial status and property;
- The employability and professional training of each spouse;
- How long it may take a currently unemployed spouse to reenter the job market or obtain the necessary training to do so;
- Whether either party is already engaged in a child support order;
- Whether either party destroyed property during the property division process;
- Whether either party paid for or contributed to the other's education during the marriage;
- The roles each party played during the marriage;
- Whether either party was at fault for the divorce;
- Whether family violence plays a role in the divorce;
- How a potential maintenance arrangement would impact the payor; and
- Any other factors the court considers relevant to the case.
At DebnamRust, P.C., our Dallas spousal maintenance attorneys will work with you to identify and pursue an equitable outcome in your spousal support case.