Attorney Gonzalez Protects Your Financial Future After A Texas Divorce
Alimony often becomes one of the most contentious and emotionally charged aspects of divorce proceedings. The question of who pays whom – and how much – can dramatically impact both parties’ financial stability for years to come. Whether you’re concerned about receiving adequate support to maintain your standard of living or worried about unreasonable payment obligations affecting your financial independence, these concerns are valid and deserve careful attention.
I’m attorney Rebecca Gonzalez, and I understand the stress and uncertainty you’re facing. Don’t navigate these complex financial matters alone. Contact my San Antonio office today at 210-368-2608 for personalized guidance on your Texas spousal support case. I’ll help you understand your rights and fight to protect your financial well-being.
Spousal Support Before A Divorce Is Final
When one spouse earns substantially less than the other, or if one spouse doesn’t work outside the home and depends financially on the other, Texas courts typically order the higher-earning spouse to pay temporary spousal support during divorce proceedings. This temporary support ensures the lower-earning spouse can meet basic expenses while the divorce moves forward.
My law firm, the Law Office of Rebecca Gonzalez, P.C., represents clients on both sides of this situation. If you need spousal support during your pending divorce, I’ll present a compelling case to the judge. If you’re the higher-earning spouse, I’ll work to ensure any temporary support ordered is fair and reasonable given your circumstances.
Post-Divorce Maintenance Is A Different Issue
Courts can order one spouse to pay the other post-divorce maintenance after the divorce is finalized. While temporary spousal support is almost automatic when there’s a significant earnings disparity between spouses, post-divorce maintenance isn’t automatic in Texas.
Under Chapter 8 of the Texas Family Code, courts first consider whether a spouse has sufficient property to “provide for the spouse’s minimum reasonable needs.” Courts then evaluate several factors:
- Whether the spouse seeking maintenance has “an incapacitating mental or physical disability”
- Whether the parties have been married for 10 or more years, and the spouse seeking maintenance lacks “the ability to earn sufficient income to provide for his or her reasonable needs”
- The spouse receiving maintenance is caring for a child with a disability that prevents this spouse from earning sufficient income
- The spouse paying maintenance was convicted of, or received deferred adjudication for, “an act of family violence“
For post-divorce maintenance, Texas courts cannot require a spouse to pay more than $5,000 a month or 20% of his or her gross income, whichever is less.
Duration Of Post-Divorce Maintenance
In addition to the amount of post-divorce maintenance, divorcing spouses are typically concerned about how long they will pay or receive alimony. Under Chapter 8 of the Texas Family Code, courts are limited in how long they can require a spouse to pay post-divorce maintenance:
- Not more than five years if the spouses were married for less than 10 years and the spouse paying post-divorce maintenance was convicted of or received deferred adjudication for an act of family violence, or if the spouses were married between 10 and 20 years
- Up to seven years if the marriage lasted between 20 and 30 years
- Not more than 10 years for marriages lasting 30 years or longer
In all cases, Texas courts must limit the duration of post-divorce maintenance to the “shortest reasonable time frame.”
Whatever your situation, I am committed to achieving a fair outcome. I will thoroughly review all factors to determine whether spousal support or post-divorce maintenance will play a role in your divorce. If it will, I’ll work diligently to pursue fair payments and an appropriate duration. With extensive experience in these matters, I understand the tendencies of Texas courts and can provide knowledgeable guidance in spousal maintenance matters.
If you’re already paying or receiving spousal maintenance and need to make a change or enforce orders, I can help you reach an efficient resolution.
Frequently Asked Questions About Texas Spousal Support
I’ve found that clients often have similar questions about spousal support in Texas. Below are answers to some of the most common concerns I hear in my practice.
Does spousal support end if my ex is in a new relationship?
In Texas, post-divorce maintenance typically terminates when the recipient spouse either remarries or begins cohabiting with a new romantic partner in a dating relationship. The law recognizes that a new significant relationship often changes financial circumstances. If your ex-spouse has entered such a relationship, we can petition the court to terminate your support obligation.
Does alimony impact my child support payment in Texas?
Yes, these obligations are connected. When calculating child support, courts consider the financial resources available to both parents, including spousal maintenance payments. If you’re paying spousal support, this may reduce your available income for child support calculations. On the other hand, if you’re receiving support, this additional income may affect how much child support you receive. I’ll help ensure all calculations properly account for both obligations.
Does cheating affect spousal support orders under Texas law?
Yes, infidelity can impact spousal support in Texas. Courts may consider adultery when determining whether to award spousal maintenance and in what amount. If your spouse was unfaithful, this could potentially increase your maintenance award or reduce your payment obligation. However, this is just one of many factors courts consider, and its impact varies by case. I can help you understand how infidelity might affect your specific situation.
Contact Me For An Initial Consultation About Spousal Maintenance
Need to talk to an experienced attorney about alimony in Texas? Contact me today at 210-368-2608 or, if you prefer, by email. Let me help you protect your financial future after divorce.