Houston,
Texas - June 15th, 2025 – Divorce is hard and navigating the intricacies of spousal maintenance,
also known as spousal support or alimony, can be one of the most emotionally
and financially complex aspects of divorce. The Stout Law Firm, PLLC, a trusted family law firm in
Houston, provides clients with the legal expertise and support needed to
address these challenges and protect their interests throughout the process.
At The Stout Law Firm, PLLC, clients benefit from the
guidance of attorneys who specialize in family law and have an in-depth
understanding of the Texas Family Code and relevant case law, including the
laws regarding spousal maintenance. Whether a client is seeking spousal
maintenance or being asked to provide it, the firm is committed to offering
personalized legal advice tailored to each unique situation.
What Is Spousal Maintenance?
Spousal
maintenance, commonly referred to as spousal support or alimony, is financial support
paid by one spouse to the other after a divorce. Generally, in Texas, it’s
designed to be short-term, with the length of the marriage being one of several
factors used to determine if a spouse qualifies for spousal maintenance.
Spousal
maintenance differs from child support and the division of assets and liabilities. Its
primary purpose is to help the lower-earning or financially disadvantaged
spouse maintain the standard of living necessary to support their minimum
reasonable needs, which is not necessarily their standard of living
pre-divorce.
How Is Eligibility for Spousal Maintenance
Determined?
In Texas, eligibility for spousal maintenance is not automatic.
First, a person must be legally married. Further, a spouse may only receive
spousal support if, upon divorce, they will lack sufficient property,
including separate property, to provide for their “minimum reasonable needs”
and:
●
The couple’s marriage lasted ten years or longer, and
the recipient spouse is unable to meet their minimum reasonable needs;
●
The paying spouse has a conviction for family violence
against the other spouse or their child within two years of filing for divorce
or while the divorce was pending;
●
The requesting spouse is unable to earn sufficient
income for their minimum reasonable needs due to an incapacitating physical or
mental disability; or
●
The requesting spouse is responsible for a child from
the marriage of any age who requires significant care or supervision due to a
physical or mental disability that prevents the spouse from earning a
sufficient income to provide for the spouse’s minimum reasonable needs.
The
determination of whether a spouse can provide for their “minimum reasonable
needs” is fact-specific and individualized to each case. The term is not
defined in the Texas Family Code. If a spouse qualifies for spousal
maintenance, several factors outlined in the Texas Family Code will be considered
by the court to determine the nature, amount, duration, and manner of spousal
maintenance payments.
Spousal
maintenance can be ordered by the court or agreed to by the parties. Reaching
an agreement on spousal maintenance often involves careful negotiation. The
attorneys at the Stout Law Firm, PLLC are adept at negotiating fair agreements
while protecting their clients’ interests. When negotiations fail, the
attorneys at The Stout Law Firm, PLLC are prepared to advocate aggressively in
court, and present a strong and compelling case on behalf of their clients.
Proper
documentation is critical in spousal maintenance cases. The Stout Law Firm, PLLC
assists clients in collecting and analyzing the necessary evidence to
demonstrate whether a spouse is eligible for spousal maintenance and to
determine the nature, amount, and duration of spousal maintenance payments.
This comprehensive preparation helps strengthen a case involving spousal
maintenance, whether during negotiation or litigation.
Whether you are
seeking spousal support or being asked to provide it, The Stout Law Firm, PLLC is here to ensure that your
voice is heard and your financial future is protected. With a proven track
record in family law and a reputation for client-focused service, the attorneys
at The Stout Law Firm, PLLC are a trusted resource for individuals navigating divorce in Houston and surrounding areas.
In addition to
serving Houston, The Stout Law Firm proudly represents clients throughout
Texas, including in Sugar Land, Pearland, Spring, Fort Bend County, League City, Montgomery County, Galveston County, Harris County, Waller County, Lavaca County,
Fayette County, Colorado County, Jackson County, Victoria County, Dewitt
County, Gonzales County, as well as many other nearby communities.
No comments:
Post a Comment