Divorce changes everything, and one of the most stressful parts of the process is figuring out how you will support yourself financially once the marriage ends. Whether you spent years raising children, put your career on hold to support your spouse’s ambitions, or find yourself in a position where your earning power no longer matches the life you built together, the uncertainty can feel paralyzing.
Texas law offers options for spousal support that can help you achieve the financial stability you need while you rebuild. You do not have to figure this out by yourself, and you do not have to accept an arrangement that leaves you struggling. A Collin County spousal support lawyer can walk you through your rights, help you understand what you may be entitled to, and make sure your voice is heard throughout the process.
Our attorneys at Collin County Law Group are ready to help you take that step. To schedule a consultation, contact us at (972) 548-7167 and start getting the answers you need.
How Collin County Law Group Protects Your Assets and Your Future
Our Collin County spousal support lawyers take a comprehensive approach to every case because the financial decisions made during a divorce affect you for years afterward. We focus on building a strategy that safeguards your interests at every stage:
- Conduct a thorough analysis of both spouses’ income, assets, and debts
- Identify hidden income or underreported assets that could affect the support calculation
- Gather documentation of contributions you made as a homemaker or to your spouse’s career
- Calculate your minimum reasonable needs based on the standard of living during the marriage
- Negotiate for contractual alimony terms when they serve your best interests
- Prepare compelling arguments for court hearings if negotiation does not produce a fair result
- Address modifications or enforcement issues if circumstances change after the divorce
We take the time to understand your specific financial situation because cookie-cutter approaches do not work in spousal support cases. Every marriage has its own financial story, and your defense or petition should reflect that.
Spousal Support Laws in Texas
Texas does not automatically award spousal maintenance. Under Texas Family Code § 8.051, you must meet specific eligibility requirements before a court will even consider an award. Generally, you may qualify if your marriage lasted at least ten years.
You may qualify if you cannot earn enough to meet your minimum reasonable needs. This can apply if your spouse was convicted of (or received deferred adjudication for) family violence during the marriage. It can also apply if you have a disability, or if you are caring for a child with a disability that limits your ability to work.
The duration of your marriage directly affects how long maintenance can last:
- Marriage of 10 to 20 years: Up to five years of court-ordered maintenance.
- Marriage of 20 to 30 years: Up to seven years of court-ordered maintenance.
- Marriage of 30 years or more: Up to ten years of court-ordered maintenance.
- Family violence conviction: Up to five years regardless of marriage length.
- Disability of spouse or child: Maintenance may continue as long as the eligibility requirements under Texas law are met.
Texas also caps the amount a court can order. Under current law, court-ordered spousal maintenance cannot exceed $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, whichever amount is less. These limits apply specifically to court-ordered maintenance and do not restrict what spouses can agree to in a negotiated settlement.
Factors the Court Considers for Spousal Support
When a court determines whether to award maintenance and, if so, in what amount, it examines the full financial picture of both spouses. Texas Family Code § 8.052 lists specific factors judges must weigh before making a decision:
- Each spouse’s ability to provide for their own minimum reasonable needs independently
- The education and employment skills of the spouse seeking maintenance
- The length of the marriage
- The age, employment history, and earning ability of the requesting spouse
- Any marital misconduct, including adultery or cruelty
- Whether one spouse contributed to the other’s education, training, or increased earning power
- Property brought to the marriage by each spouse
- The contribution of a spouse as a homemaker
- Any history of family violence during the marriage
No single factor controls the outcome. Judges look at the full picture and make decisions that reflect the specific financial realities both spouses face moving forward.
What Are the Differences in Spousal Support in Texas?
Texas family law recognizes several distinct types of spousal financial support, each with its own rules and limitations. Our Collin County spousal support lawyers can help you determine which type applies to your situation:
- Temporary Spousal Support: A court orders this during the divorce proceedings to maintain financial stability for both parties until the divorce becomes final. It ends when the judge signs the final decree.
- Court-Ordered Spousal Maintenance: A judge awards this after the divorce is finalized based on statutory eligibility requirements, subject to the caps and duration limits set by Texas law.
- Contractual Alimony: Both spouses voluntarily agree to support terms as part of their divorce settlement, which can exceed the statutory caps because it reflects a private agreement rather than a court-imposed obligation.
The type of support that fits your case depends on your financial circumstances, the length of your marriage, and whether you and your spouse can reach an agreement. Each option carries different enforcement mechanisms and tax implications that deserve careful attention.
FAQ: Common Questions About Spousal Support in Collin County
Spousal support raises practical questions that deserve clear, honest answers. Below are some of the concerns our Collin County spousal support lawyers hear most often from clients going through the divorce process.
Can I Ask the Court To Modify a Maintenance Award?
Either spouse can petition the court to modify a maintenance order if circumstances have materially and substantially changed since the original award. Common reasons include job loss, a significant change in income, a medical condition, or the receiving spouse becoming self-supporting sooner than anticipated.
When Will Texas Terminate Spousal Support?
Court-ordered maintenance ends automatically when the statutory time limit expires, when either spouse dies, or when the receiving spouse remarries. Texas courts will also terminate maintenance if the receiving spouse begins cohabiting with a new romantic partner in a relationship resembling marriage, even without a formal ceremony.
Is Spousal Support Dischargeable In Bankruptcy?
No. Under 11 U.S.C. § 523(a)(5), domestic support obligations, including spousal maintenance and contractual alimony, cannot be discharged through bankruptcy. If your former spouse files for bankruptcy, they still owe every dollar of support the court ordered or that both parties agreed to in the divorce settlement.
Can You Get a Lump-Sum Spousal Support Payment in Texas?
Texas courts generally do not order lump sum maintenance payments. However, you and your spouse can agree to one through contractual alimony as part of your divorce settlement. A lump sum arrangement eliminates the risk of missed payments. It also gives you immediate financial certainty as you move into the next chapter.
Contact Our Collin County Spousal Support Lawyer Today
The financial decisions made during your divorce will shape your life for years to come, and you deserve someone who will fight for an outcome that reflects your contributions and your needs. Collin County Law Group is here to help you through every step. Call us at (972) 548-7167 or complete our online form to schedule a $200 consultation with a Collin County spousal support lawyer and start protecting your future now.
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