Although Texas historically had one of the weakest alimony statutes in the country, this has finally changed and it is important to have a divorce attorney on your side who keeps up to date with legislative changes and can apply this knowledge to your situation. Not only will this increase your chances of prevailing in court, it can also easily create peace of mind when pursuing temporary alimony during a divorce action and spousal maintenance for after the divorce that is fair.
Throughout Texas, people seek out Loughmiller Higgins, P.C., because of our skill and experience handling all types of family law and divorce issues. To learn more about our services and successfully applying for spousal maintenance, please contact us today to schedule an appointment.
Handling All Issues Related to Spousal Maintenance in Texas Divorces
First of all, to qualify and receive spousal maintenance in Texas you must have been married for at least 10 years. The exception to this rule is if you are disabled or have a serious health problem making you unable to work. It is also important to note that currently spousal maintenance is capped at $2,500 a month for a maximum time period of three years. The court also has a lot of discretion in terms of the duration and amount of spousal maintenance they will grant to a party.
Spousal maintenance can also be reduced or eliminated if the person receiving maintenance becomes employed, even if it is a minimum-wage-paying job. Spousal maintenance can also be reduced or eliminated if that paying side’s income substantially decreases.
When resolving divorce issues through negotiation or collaborative law, there may be times when the higher income spouse may agree to provide something called “contractual alimony” to the other spouse. This may be done for tax reasons or in exchange for more flexibility on another issue, such as child visitation. In that instance, as is true with alimony or maintenance, the contractual alimony payment is deductible by the party paying it and taxable income to the party receiving it.
Our lawyers will comprehensively evaluate your situation and see if you qualify for spousal maintenance. We will then pursue a settlement or court decision that incorporates this as part of the outcome. Not only do we know how to apply the legislation properly, the state of Texas has formally recognized the experience of one of our founding partners, Brian Loughmiller. He is Board Certified in Family Law and Civil Trial Law by the Texas Board of Legal Specialization.
Call our Texas law offices directly to schedule a consultation or e-mail us with a brief description of your situation and concerns related to your divorce and spousal maintenance needs. Our lawyers accept all major credit cards and offer flexible appointment scheduling for your convenience.