
Pearland Spousal Support Lawyers
Creating Solid Legal Arrangements for Residents of Harris County & Surrounding Areas
When it comes to spousal support, Texas is a difficult state for spouses to convince a court to award any sort of alimony (more commonly referred to as maintenance). There is a significant burden of proof on the spouse asking for spousal support upon the final dissolution of marriage. The situation has been further complicated by the recent overhaul of the Federal Tax Code, which eliminates the deduction for the payor and requires the receiver to report these payments as income. Our spousal support lawyers in Pearland, Texas, will help you create a strong strategy for your case for the best possible outcome to your situation.
Call our law office today at (832) 299-1990 or reach out online to set up your initial consultation.
What are the Types of Spousal Support in Texas?
There are two primary kinds of spousal support in Texas. The first is contractual spousal support which can be agreed upon before the divorce process begins. Contractual agreements can also help maintain amicable relations, laying a foundation for healthy future interactions.
You and the other party can create a support arrangement that addresses:
- the length of the plan
- the amount of money to be paid
- the frequency of the payments
- any other relevant factors
There are no eligibility requirements for either spouse to receive payments. This legal arrangement is voluntary and between the parties. By choosing to outline these terms contractually, couples can avoid the stress and uncertainty often associated with court-ordered arrangements, ensuring a smoother transition post-divorce.
Court-ordered spousal support, on the other hand, is limited. First, the spouse has to show the court that, upon final dissolution, there will not be enough property or assets for the spouse to meet their own minimum reasonable needs. Court involvement often means navigating complex legal requirements and substantial documentation.
Then, they must also prove at least one of the following:
- That the marriage has lasted at least 10 years;
- The other spouse has committed family violence;
- The spouse asking for support has a disability that arose during the marriage; or
- There is a child of the marriage who has a disability that prevents the requesting spouse from earning sufficient income outside the home.
Additionally, when a spouse of a 10-year or more marriage seeks spousal support, they must show that they continued to work or diligently look for work that would enable them to support themselves. In other words, do not quit your job during the divorce and bank on the fact that the court will order spousal support. This demonstrates the requesting spouse’s commitment to self-sufficiency and reinforces the court's requirement of good faith effort from the petitioner.
How Much is Spousal Support in Texas?
There are statutory caps on court-ordered spousal maintenance in Texas. The spouse cannot be ordered to pay over $5,000.00 per month or 20% of the spouse’s average monthly gross income, whichever is lower. For high-net-worth estates, this can be a low cap. Understanding these caps is crucial for both parties to make informed financial plans and avoid unnecessary disputes.
That is where contractual alimony comes into play. Parties can agree to have an additional award on top of the court-ordered award, particularly if the parties had enjoyed a very high standard of living prior to the divorce. This flexibility allows for adjustments to match lifestyle needs, especially if a significant disparity in income exists between the spouses post-divorce.
Additional Factors That Could Affect Spousal Support
There are additional factors the court will consider when determining how long and the amount of spousal maintenance should be ordered. Understanding these factors can give spouses a clearer picture of what to expect and how to prepare accordingly. Our Pearland spousal support lawyers
can give you an informed approach, helping you create realistic expectations and navigate through the legal processes, reducing the stress traditionally associated with such procedures.
Under Section 8.052 of the Texas Family Code, the court must consider all relevant factors including:
- Each spouse’s ability to provide for that spouse’s minimum reasonable needs
- The education and skills of the spouses, or any time required for a spouse to get the skills necessary to earn sufficient income
- The length of the marriage
- Age, employment history, earning ability, and the physical or emotional condition of the spouse seeking maintenance
- The effect on the ability to pay while providing child support or other court-ordered payments
- Acts of a spouse resulting in excessive or abnormal expenditures, or destruction or concealment of community property
- The contribution by one spouse to the education and training of another
- Property brought to the marriage by either spouse
- Contributions to the marriage of a spouse as the homemaker
- Marital misconduct
- Family violence
Acknowledging these elements can influence the judge's final decision and may guide couples in forming agreements that preempt misunderstandings or disputes. Considering each one's role and contributions during the marriage can level the playing field, ensuring that the alimony awarded reflects the fair representation of both parties' circumstances.
How Long Does Spousal Support Last in Texas?
Texas courts are required to limit court-ordered maintenance to the shortest reasonable time to ensure the recipient spouse has enough money to meet their minimum needs until they can support themselves. There are caps on the length of time a spouse is required to pay court-ordered maintenance. These time restrictions aim to encourage financial independence and minimize prolonged dependency on support.
If there was family violence, and the marriage was less than 10 years, then the limit is 5 years. If the marriage was between 10-20 years, then the limitation is also 5 years. Longer-term marriages, from 20-30 years, might have a spousal maintenance award of up to 7 years. Couples married longer than 30 years are entitled to a maintenance award of up to 10 years. However, if spousal maintenance is awarded due to either a disability of the spouse or a child of the marriage, there is no time limit. The maintenance will last for as long as that spouse or child is disabled. These regulations ensure that support is available as long as the recipient genuinely needs it for their sustenance and well-being.
Whether you're seeking or challenging spousal support, get the legal guidance you need. Contact a trusted Pearland spousal support lawyer for a free consultation at (832) 299-1990 or online now.

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“If I EVER need an attorney for anything else (within his line of work) I will definitely be contacting Mr. Dieye again.”I had a bad experience with a prior attorney who ended up dropping my divorce/custody case mid way and leaving me high and dry to figure it out for myself. I recieved Papa Dieye's (Jay) information from a family friend. Papa Jay is always on top of things and was very prompt with returning phone calls and keeping me in the loop. 2 days after I obtained his legal services we were already in court finalizing my divorce! I have already referred Papa Jay to a handful of people and if I EVER need an attorney for anything else (within his line of work) I will definitely be contacting Mr. Dieye again. Needless to say it was a very pleasant experience and Mr. Dieye is super nice.- Kaylyn