Legal Guidance From A Spousal Support Attorney In Houston
Financial security is a primary concern when your marriage ends. You worry about maintaining your lifestyle, paying your bills and protecting your independence.
Since 1985, our spousal support attorney at The DeRose Law Firm has provided steady family law guidance to Houston residents. We understand that spousal support is about more than money; it is about your stability and your ability to move forward. We provide the experienced advocacy you need to ensure a fair spousal support arrangement.
Types, Eligibility And Duration Of Spousal Support In Texas
Texas law provides two distinct paths for receiving financial help after a marriage ends. Contractual alimony is an agreement you and your spouse negotiate privately. This option offers maximum flexibility because you can decide the payment amounts and the end date without following strict state laws.
Court-ordered spousal maintenance is different. This is a legal safety net designed for specific, high-need situations where a spouse cannot meet their basic, reasonable needs.
To qualify for court-ordered support, you generally must prove you cannot meet your basic needs. Most cases require a marriage that lasted at least ten years.
However, there are exceptions if family violence occurred or if a spouse or child has a disability. The length of time you receive support usually depends on the length of the marriage.
Payments can last for five, seven or ten years, depending on your specific situation. You may also request temporary support to cover your expenses while your divorce is still moving through the Houston courts.
Calculating Spousal Support Amounts
Texas law sets a strict legal limit on how much support a judge can order. Monthly payments cannot exceed $5,000 or 20% of the paying spouse’s average monthly earnings.
Judges look at many factors to decide the specific amount. They consider the following factors:
- Education
- Health
- Employment history
- Earning capability
- If one spouse stayed home to care for children or supported the other through school
- If one spouse committed misconduct during the marriage
If a spouse intentionally avoids work to lower their payments, the court may still order support based on their earning potential.
Modifying Or Terminating Spousal Support
Support orders are not always permanent. You can ask the court to change the amount if a significant change in circumstances occurs. For example, a job loss or a serious illness might justify a modification.
Support typically ends automatically if the receiving spouse gets remarried or moves in with a romantic partner. It also ends if either person passes away.
If your former spouse stops making payments, we will help you enforce the order. We will fight to ensure you receive the funds the law promised you.
Frequently Asked Questions On Spousal Support
Spousal support questions often arise during and after a divorce. The answers below provide information about how Texas courts may approach these situations.
Can I qualify for spousal support if I initiated the divorce process?
Yes. In Texas, the spouse who files for divorce is not automatically barred from receiving spousal support. Courts do not base eligibility on who initiated the case. Instead, they evaluate factors such as the length of the marriage, each spouse’s financial circumstances, earning capacity, health and contributions made during the marriage.
A spouse who can demonstrate a legitimate need for support and meets the legal requirements may still qualify for payments, regardless of whether they filed the divorce petition.
Can adultery influence spousal support decisions in Texas?
Yes. While Texas courts consider many factors when determining spousal support, marital misconduct, including adultery, may play a role in certain cases. Judges have discretion to review the circumstances surrounding the marriage and divorce when deciding whether support is appropriate and, if so, the amount and duration of payments.
However, adultery does not automatically guarantee a higher or lower support award. The court will examine the complete picture, including financial need, available resources and other statutory factors.
What happens if a paying ex-spouse becomes unemployed?
A job loss does not automatically end a spousal support obligation. The paying spouse may need to request a modification through the court if their financial circumstances have changed. When reviewing a modification request, the court may consider:
- Whether the job loss was voluntary or involuntary.
- The paying spouse’s current income and assets.
- The likelihood of obtaining new employment.
- The financial needs of the receiving spouse.
- Any other significant changes in circumstances.
The court will review the evidence before deciding whether to reduce, suspend or maintain the existing support order. Because modification proceedings can be complex, working with an attorney is important to protect your interests and present accurate financial information.
Is legal representation necessary when negotiating spousal support?
Although Texas law does not require you to hire a lawyer when negotiating spousal support, legal representation can be extremely valuable. A lawyer can help you understand your rights, evaluate proposed terms and identify potential issues that may affect your financial future. An attorney may assist by:
- Reviewing income and financial records.
- Calculating reasonable support expectations.
- Negotiating favorable settlement terms.
- Drafting enforceable agreements.
- Addressing modification or enforcement concerns.
Having a knowledgeable attorney involved can reduce the risk of costly mistakes and help ensure that any agreement reflects your long-term interests. Whether you are seeking support or are required to pay for it, professional legal guidance can provide clarity throughout the process.
Secure Your Finances After A Divorce With The DeRose Law Firm
We are a boutique firm that values quality over volume. Attorney Dominick DeRose offers forty years of experience, and our senior paralegal, Linda, adds twenty-six years of institutional knowledge. Our team is invested deeply in our clients’ stories and provides the personal attention they deserve. Call us today at 281-815-2619 or complete this form to learn how we can help.