Spousal Maintenance Lawyer in San Antonio, TX
Spousal maintenance, traditionally referred to as alimony, may be awarded to one spouse during divorce proceedings based on financial need. An award of spousal maintenance is not automatic, and Texas district or family courts have broad discretion in determining the amount and duration of any such post-dissolution financial payments.
If you need help understanding your spousal maintenance rights and obligations in Texas, contact the experienced divorce attorney in San Antonio, Texas, at Cook Law Firm.
Who is Eligible for Spousal Maintenance in Texas?
An award of spousal maintenance generally involves periodic payments made by one spouse, typically the higher-earning spouse, to the other spouse following dissolution proceedings. To qualify for spousal maintenance, the requesting spouse must first show that he or she will lack sufficient means to meet his or her reasonable post-divorce needs without support. The requesting spouse must then show he or she:
- Was the victim of domestic violence within two years before the lawsuit was filed,
- Is unable to earn sufficient income due to a physical or mental disability,
- Cannot earn an income sufficient to meet his or her needs after at least 10 years of marriage or
- Must provide substantial care to a disabled child.
Our experienced family law professionals can help you determine if you qualify for post-divorce spousal maintenance in Texas.
Factors Determining Spousal Maintenance in San Antonio
Suppose the court determines the requesting spouse is eligible for maintenance. In that case, it must then consider the factors outlined in Texas Family Code § 8.052 to decide the duration, amount, and nature of the payments. These factors include each spouse’s ability to meet his or her reasonable needs and marital contributions based on the following:
- Independent financial resources
- Education and employment skills
- Ability to obtain education and training
- Marriage duration
- Earning capacity, including age, employment history, and health
- Child support obligations
- Property brought to the marriage
- Contributions as a homemaker
- Domestic violence
- Marital misconduct, such as adultery or cruelty
Because courts have discretion in awarding spousal maintenance based on the totality of these factors, you need our dedicated divorce lawyers to fight for your rights during divorce or post-dissolution maintenance proceedings.
Statutory Limits of Spousal Maintenance Orders
Once the court analyzes the above factors, it sets the term and amount of any required spousal maintenance payments in accordance with Texas law. The length of the marriage is the primary factor considered when setting the maintenance term, which may not exceed 5 years for a marriage that lasted less than 20 years, unless an exception applies.
Additionally, the Texas Family Code caps maintenance at $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, whichever is less. Our experienced divorce lawyers can help you understand your maximum obligations and rights under state law.
We Understand Spousal Maintenance Process in San Antonio, Texas
Do not sacrifice your future financial security to accelerate dissolution proceedings. Discuss your post-marital financial needs and support concerns with the dedicated San Antonio spousal maintenance lawyers at Cook Law Firm by calling (210) 740-0281 or connecting with our divorce litigators online.