Spousal Maintenance Attorney in Friendswood, TX
When one spouse has considerably higher earning potential than the other partner or domestic violence is a factor in a divorce, the courts may consider whether or not to include an order for spousal maintenance in the final divorce decree. Whether you are seeking or fighting spousal support, you can work with a Friendswood spousal maintenance lawyer to help you navigate the state’s complex spousal maintenance laws so your case has a fair and lawful outcome.
Why You Should Choose The Law Offices of Tad Nelson & Associates?
Whether you are seeking spousal support or fighting having to pay it, the strength and experience of your legal representation play a critical role in the outcome of your case. The Law Offices of Tad Nelson & Associates represents spouses in support-related disputes. We bring decades of combined experience litigating on behalf of our clients and seeking favorable outcomes in complex cases.
Unlike other law firms that practice family law, our trial-ready attorneys take the time to get to know our clients and their goals. We never take a cookie-cutter approach to representing clients because we understand how consequential the outcome of any family court case is to our clients. Trust our industry-leading attorneys to tirelessly advocate for your rights and interests.
Understanding Spousal Maintenance in Texas
Texas law allows for spousal maintenance under specific conditions. Also known as post-divorce support or alimony, Texas takes a conservative approach to awarding this type of support. While other states commonly award spousal support, local courts only consider spousal maintenance if the marriage lasted at least 10 years.
The requesting spouse must demonstrate that they cannot meet their basic needs. Another legal basis for spousal support is when the spouse is caring for a disabled child or has a documented disability that prevents employment. Domestic violence plays a significant role in spousal support considerations. Victims of domestic violence can be granted support when their spouse has been convicted of family violence within two years of the divorce filing.
The court will examine several factors when deciding the amount and duration of maintenance, including both spouses’:
- Earning capacity
- Education
- Employment history
- Health
- Contributions during the marriage
- History of marital misconduct
The state imposes limits on how much support a spouse can receive and what percentage of the obligor’s income is eligible for support payments. Although men are equally eligible to receive spousal support, research by the National Institutes of Health finds that women are more likely to suffer financial setbacks following a divorce.
On average, women in the U.S. see a 27% decline in standard of living after divorce, while men experience a 10% increase. Statewide, family law cases account for 44% of court filings, and many of those cases are tied to spousal support.
In wealthier communities such as West Ranch, Eagle Lakes, and Autumn Creek in Friendswood, spousal maintenance may become a key issue in high-asset divorce proceedings as spouses argue that their history of being a stay-at-home spouse limits their immediate future prospects. Nearby Houston is home to over 81,800 millionaires whose potential divorces could involve contentious cases that could involve arguments over whether or not to award spousal support.
Are Spousal Maintenance Orders Enforceable in Court?
Enforcement of spousal maintenance orders is one of the more common reasons Friendswood residents visit the local family courthouse. The courts weigh two considerations when enforcing a court order: that the order is valid and that one party failed to fulfill their obligations under that order.
Once the petitioner has gathered sufficient evidence to support their motion, the respondent must be notified in advance of a court hearing. At the hearing, both parties can present evidence and testimony to support their respective legal arguments.
The judge then makes a ruling based on the evidence that is presented. If the respondent could have paid but chose not to, they can be held in contempt. Wage garnishments and other remedies may be used to compel the respondent to pay any arrears.
Reasons Spousal Maintenance May Be Terminated
Even when spousal maintenance is awarded, the courts have the authority to terminate the support payments if they are presented with compelling evidence to support those actions. One of the most common reasons for terminating spousal support is if the former spouse remarries.
The courts may also end spousal maintenance when the recipient is found to be cohabitating with a new partner in a relationship that resembles marriage. Because spousal maintenance is intended to relieve financial hardship, such living arrangements may undermine the original justification for awarding support.
Other potential reasons for ending the court-ordered payments include situations where the recipient becomes financially self-sufficient. These changes to the original court order can be made by requesting a modification. These requests are often made by the obligor in the agreement, who may also argue that the payments should be reduced or modified due to new hardships they are experiencing, such as disability or retirement.
Why You Should Hire a Spousal Maintenance Lawyer?
Whether you ultimately pay or receive spousal maintenance, the court-ordered support can have a significant impact on your finances. If you are going through a divorce or spousal maintenance case, the decision to hire a spousal maintenance lawyer can greatly improve the chances that the court process is fair and based on the facts of the case.
A Friendswood spousal maintenance attorney brings many years of experience handling spousal maintenance cases. They rely on their knowledge of spousal maintenance laws to achieve your goals in court. One crucial early step is to accurately assess your finances and those of your spouse. If factors like domestic violence are involved, your lawyer can use that history when making arguments for or against spousal support.
Spousal maintenance issues often continue long after divorce. If you’re involved in an enforcement action or seeking to modify support, courts expect detailed financial evidence and a clear showing of need or change in circumstances. No matter your objective, the strength of your legal representation can directly influence the outcome.
FAQs About Spousal Maintenance
Who Qualifies for Spousal Maintenance in Friendswood Divorce Cases?
Only certain people qualify for spousal maintenance in Friendswood divorce cases. Spousal maintenance is awarded when one spouse lacks sufficient assets or income to meet their basic needs after divorce.
In Friendswood, a judge may grant spousal support if the requesting spouse has a disability, cares for a disabled child, or was married for at least 10 years and cannot earn enough to support themselves. The spouse’s eligibility depends on their financial need, employment history, and the other spouse’s resources.
How Is the Amount of Spousal Maintenance Determined?
Courts determine the amount of spousal maintenance based on the requesting spouse’s needs and the paying spouse’s ability to provide support. In Friendswood, judges consider factors like income, earning capacity, education, and property division. Texas caps monthly payments at 20% of gross income or $5,000, whichever is less. Whether you are seeking spousal maintenance or fighting an order to pay it, having documentation to back your arguments is key.
How Long Does Spousal Maintenance Last After Divorce?
The duration of maintenance depends on the length of the marriage and the reason it was awarded. In Friendswood, most orders range from five to ten years, unless the recipient has a disability or cares for a dependent child. Courts aim to encourage self-sufficiency, and there is often a high bar that must be met to convince the courts that your spouse should continue supporting you after a divorce.
Can Spousal Maintenance Be Modified after a Divorce?
Yes, spousal maintenance can be modified after divorce if either party experiences a material and substantial change in circumstances, such as job loss, disability, or remarriage. In Friendswood, a judge would review current financial conditions before making changes to a standing court order. Requests for modifications must be filed through the court and supported by strong evidence.
Can Spousal Maintenance Be Terminated after a Divorce?
Yes, there are several situations where spousal maintenance could be terminated after a divorce. If the terms of the support stipulate that the party receiving support loses financial support if they remarry or cohabitate with someone, the courts may review evidence of either of those situations before terminating the support order.
The obligor in a support order has the right to request termination if there has been a substantial change in either party’s financial or living circumstances.
Consult a Friendswood Spousal Maintenance Lawyer With Proven Experience
Spousal maintenance claims can be contentious, and court rulings in these cases can have long-lasting financial consequences for both parties. Whether you are seeking support or contesting an unfair request, having a lawyer who understands Texas family law is critical for securing a favorable outcome in your case.
Our lead family law attorney, Amber Spurlock, is a former U.S. Air Force JAG officer and graduate of South Texas College of Law. She applies a disciplined legal strategy to every spousal maintenance case she handles, and she puts the interests of her clients first. Contact The Law Offices of Tad Nelson & Associates today to discuss how spousal support may impact your divorce.