Alimony & Spousal Support (Maintenance) Lawyer in Houston, TX
Navigating the financial implications of a divorce can be overwhelming, especially when it comes to understanding alimony—known as spousal maintenance under Texas law. Spousal support is not automatically granted in Texas and is typically awarded under specific legal circumstances. It’s intended to provide temporary financial assistance to a spouse who may be unable to meet basic needs after divorce.
At Mokolo Law Firm, we provide sound legal guidance and strong advocacy to individuals navigating the complexities of spousal maintenance. Whether you are seeking support or challenging a request for it, our experienced family law attorneys can help you understand your rights and protect your financial future.
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Texas Family Code § 8.054 outlines the duration of court-ordered maintenance, based on the length of the marriage and specific qualifying conditions. In general, support may be awarded for:
- Up to 5 years for marriages under 10 years (in limited cases) or between 10 and 20 years
- Up to 7 years for marriages between 20 and 30 years
- Up to 10 years for marriages of 30 years or more
The court’s goal is to limit the support duration to the shortest reasonable period needed for the receiving spouse to become self-sufficient. However, extended support may be awarded if the requesting spouse is disabled, is the caretaker of a young or disabled child, or faces other significant barriers to employment.
Whether you are negotiating spousal support during divorce or seeking to modify an existing order, our attorneys are equipped with the legal knowledge and courtroom experience to advocate for your best interests.
Why Choose Mokolo Law Firm for Alimony & Spousal Support Cases?
At Mokolo Law Firm, we understand that every divorce is different, and so are the financial dynamics between spouses. Our approach is personal, strategic, and based on a clear understanding of Texas Family Law. We analyze the facts of your case to determine whether spousal maintenance is appropriate, how much should be paid, and for how long.
From high-asset divorce cases to situations involving caretaking responsibilities or financial hardship, our attorneys work to ensure a fair resolution that aligns with your long-term goals.
Frequently Asked Questions – Spousal Maintenance in Texas
Is alimony automatic in Texas?
No. Texas does not automatically award spousal maintenance. It must be requested and proven based on specific statutory criteria.
How is the amount of spousal support calculated?
The amount is based on the receiving spouse’s financial needs and the paying spouse’s ability to pay. Texas law caps monthly support at the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income.
How long will I have to pay (or receive) spousal support?
It depends on the duration of the marriage and whether the spouse qualifies under specific grounds. Courts aim to keep the duration as short as possible unless extended support is warranted.
Can spousal maintenance be modified or terminated?
Yes. Either party can petition the court to modify or terminate the support if there is a material and substantial change in circumstances, such as remarriage, new employment, or health changes.
Can we waive spousal support in a prenup or postnup?
Yes, couples can waive or define spousal support terms in a prenuptial or postnuptial agreement, as long as the agreement meets legal requirements and is not unconscionable at the time of enforcement.