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Alimony & Spousal Support Lawyer, Austin TX
Whether you will need extra financial support after a divorce or wonder whether you will have to pay support to your spouse, our Austin spousal support attorneys are here to answer your questions.
Spousal Support in Texas
The purpose of spousal support in Texas is to provide extra financial support following divorce. Spousal support must be ordered at the time of divorce and, in most cases, has a limited duration. The spouse seeking support must show that there is not enough property to meet his or her โminimum reasonable needs.โ Spousal support is not available in every divorce. Texas law only allows spousal support for marriages of at least ten years, where a child or spouse has a disability, or where one spouse has certain criminal charges relating to family violence.


Types of Spousal Support in Texas
Texas recognizes three distinct forms of spousal support:
- Temporary spousal support provides financial assistance during divorce proceedings, helping maintain stability while the divorce case moves forward.
- Court-ordered spousal maintenance offers long-term support after divorce finalization, following specific state guidelines and requirements.
- Contractual alimony allows spouses to create their own support agreement outside of court orders, providing flexibility to meet both parties’ needs.
Qualifying for Spousal Support
Section 8.051 of the Texas Family Code defines who is eligible to receive spousal maintenance.
The most common way to qualify requires a marriage lasting 10 years or longer, combined with
proof that the requesting spouse cannot meet minimum reasonable needs independently. You
may also qualify if you have a physical or mental disability that prevents self-support, or if you
care for a disabled child from the marriage who requires substantial supervision.
If your spouse received a conviction for family violence within two years before filing for
divorce, you may qualify for support regardless of the marriage length. This provision protects
victims of domestic violence who need financial assistance to establish independence.
If a court determines that a spouse is eligible to receive spousal maintenance, that court is
required to determine the nature, amount, duration, and manner of the maintenance payments by
considering the factors in Section 8.052 of the Texas Family Code, including each spouse's
financial resources, education level, employment history, marriage duration, homemaker
contributions, age, health condition, marital misconduct, child support obligations, family
violence history, the efforts of the spouse requesting alimony to develop employment skills
during separation, and all other relevant factors.
Agreeing to Contractual Alimony
Even though the law may limit who can request support from a court, Texas law permits spouses to enter a voluntary agreement for support.ย We sometimes call these agreements โcontractual alimonyโ or โcontractual support.โ Texas law encourages parties to a divorce to reach agreements. In some uncontested divorces, contractual alimony can be an important component of a settlement. This is a good option for a spouse who needs temporary financial assistance until he or she can secure employment or sell an asset.
Our attorneys have experience with these types of agreements and can work to ensure that they are enforceable and clearly stated in the agreement.
How Texas Courts Determine Support Amounts and Duration
Texas courts follow clear guidelines for spousal maintenance amounts under the Texas Family Code. The law caps payments at either $5,000 per month or 20% of the paying spouse’s monthly gross income, whichever amount is lower. However, the code specifies that maintenance orders must be limited to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to meet their minimum reasonable needs. If ordered, maintenance typically follows these general duration guidelines:
- Up to 5 years if the marriage lasted 10-20 years
- Up to 7 years if the marriage lasted 20-30 years
- Up to 10 years if the marriage lasted 30 years or more
An exception exists for cases involving a spouse with a physical or mental disability or a spouse caring for a child with a disability from the marriage. In these situations, the court may order maintenance for a longer period as long as the qualifying conditions persist.

Factors Influencing Support Decisions
Courts examine multiple factors when determining support arrangements. They evaluate each spouse’s education level and ability to earn income, including time needed to gain necessary job skills or education. The court considers age, physical health, and emotional condition of both parties. They also look at child custody responsibilities, available financial resources after property division, and contributions to the marriage, including homemaking duties.
Spousal Support Maintenance
After the court orders spousal maintenance, both parties must comply with the order. If circumstances change significantly, either spouse may request modifications to the support amount. Our attorneys can help you enforce existing orders or pursue necessary modifications based on substantial changes in income or other circumstances.

How We Advocate for You
An important part of requesting or opposing spousal support is the preparation of your case. Whether it’s appropriate in your case will depend on the facts: How old are the spouses and what are their respective work backgrounds? How much property is there? What is each spouseโs monthly budget and current income? What is the nature of a spouse or childโs disability? Our attorneys understand the detailed preparation and assessment needed in these cases.
With over 15 years of family law experience in Central Texas, our legal team understands the nuances of these cases. We take time to understand your specific situation and financial needs. Our attorneys prepare thorough documentation of your income, expenses, and qualifying factors to present a strong case for support.
We recognize that each case brings unique challenges. Our team-based approach ensures you benefit from our combined expertise in family law. We help you gather necessary financial documentation, present compelling evidence to support your position, and negotiate fair agreements that protect your interests.
Legal Support You Can Trust
At Thompson Salinas Londergan, LLP, we believe in clear communication throughout your case. Our attorneys explain your legal options in straightforward terms and keep you informed at every stage. We focus on achieving fair resolutions while protecting your financial future.
Whether you seek support or need to respond to a support request, our experienced legal team will protect your rights under Texas law. We handle both simple and complex spousal support cases, including those involving business ownership, professional practices, and substantial assets.
Contact us today to schedule a personalized consultation with an Austin alimony attorney. We will evaluate your situation and help you understand your options.
With over 15 years of family law experience in Central Texas, our legal team understands the nuances of these cases. We take time to understand your specific situation and financial needs. Our attorneys prepare thorough documentation of your income, expenses, and qualifying factors to present a strong case for support.
We recognize that each case brings unique challenges. Our team-based approach ensures you benefit from our combined expertise in family law. We help you gather necessary financial documentation, present compelling evidence to support your position, and negotiate fair agreements that protect your interests.
Frequently Asked Questions
What is the difference between alimony and spousal maintenance?
In Texas, “alimony” typically refers to payments agreed upon by both spouses (contractual alimony), while “spousal maintenance” refers to court-ordered support payments. Though people often use these terms interchangeably, Texas courts specifically use “spousal maintenance” for court-ordered support.
How does the 10-year marriage requirement work?
The 10-year requirement counts the time from your wedding date until the date your divorce becomes final, not just until you file for divorce. For example, if you’ve been married for 9 years when filing for divorce, you might still qualify for spousal maintenance if your divorce takes more than a year to finalize.
Can I get spousal support if I was a stay-at-home parent?
Yes, being a stay-at-home parent can support your case for spousal maintenance, especially if you left the workforce to care for children. You’ll need to show that you lack sufficient property after divorce to meet your basic needs and that you’re actively seeking employment or job training.
How much spousal support can I receive in Texas?
Texas law limits spousal maintenance to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The actual amount depends on factors like your earning capacity, education level, and the standard of living during marriage.
Does remarriage end spousal maintenance?
Yes. Court-ordered spousal maintenance automatically terminates if you remarry. It also ends if you begin living with a romantic partner in a permanent household, even without marriage. The death of either spouse also terminates the obligation.
Can I modify my spousal maintenance order?
Yes, either spouse can request modification if circumstances change significantly. Examples include:
- Major changes in income
- Job loss
- Serious illness or disability
- The receiving spouse’s improved financial situation
What happens if my ex-spouse stops paying spousal maintenance?
If your ex-spouse fails to pay court-ordered maintenance, you can file an enforcement action. The court may:
- Order wage garnishment
- Place liens on property
- Find the non-paying spouse in contempt of court
- Require payment of attorney’s fees and court costs
Do I have to pay taxes on spousal maintenance?
For divorces finalized after 2018, spousal maintenance payments are not tax-deductible for the paying spouse, and the receiving spouse doesn’t report them as income. However, tax treatment for contractual alimony may differ. Consult a tax professional for specific advice.
Can I get temporary spousal support during the divorce process?
Yes, you can request temporary spousal support while your divorce is pending. This support helps maintain financial stability during proceedings and differs from long-term spousal maintenance awarded after divorce.
What if I have a disability that prevents me from working?
If you have an incapacitating physical or mental disability that prevents self-support, you may qualify for spousal maintenance regardless of your marriage length. The court may order support for as long as the disability continues.
Does domestic violence affect spousal maintenance?
Yes. If your spouse has been convicted of or received deferred adjudication for family violence within two years before filing for divorce, you may qualify for spousal maintenance regardless of the marriage length or other factors.
How can I improve my chances of receiving spousal maintenance?
To strengthen your case:
- Document your efforts to find employment or gain job skills
- Keep detailed records of your expenses and income
- Gather evidence of any factors that affect your earning capacity
- Maintain clear documentation of your marriage length
- Work with an experienced family law attorney
Do I need an attorney to get spousal maintenance?
While not legally required, having an experienced spousal support attorney significantly improves your chances of receiving fair spousal maintenance. An experienced family law attorney understands Texas maintenance laws, knows how to present evidence effectively, and can protect your rights throughout the process.
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