Serving Clients Across Texas
Frisco Spousal Maintenance

Frisco Spousal Maintenance Attorneys

Divorce can lead to significant financial problems, especially for spouses who stayed home or took a backseat in their careers during the marriage. Spousal maintenance, also known as alimony, can provide you with much-needed financial support while you adjust to your new reality.

Here at O'Neil Wysocki, our experienced Frisco family law attorneys have been helping our clients secure, enforce, and modify spousal maintenance arrangements for years. We understand how spousal maintenance works in Texas and how to get you the financial support you need as you move forward into the next phase of your life.

Call us at (972) 852-8000 or get in touch with us online today to schedule an initial consultation with our spousal maintenance legal team in Frisco.

How Does Spousal Maintenance Work in Texas?

Spousal maintenance is a financial award granted by the court in some Texas divorces. It's designed to provide temporary or long-term financial support to a spouse who needs help maintaining their minimum reasonable needs after the marriage ends.

Qualifying for Spousal Maintenance

Obtaining spousal maintenance in Texas requires meeting specific criteria. First, you must demonstrate a financial need. This means showing the court that, even after dividing marital property and considering your separate property and earning capacity, you cannot maintain your minimum reasonable needs.

Next, you'll need to establish one of the following grounds for spousal maintenance:

  • Length of Marriage: Texas law generally requires marriages to have lasted at least 10 years for spousal maintenance to be considered. The duration of the marriage also influences the maximum duration of any award. Marriages of 10-20 years may qualify for up to 5 years of support, 20-30 years for up to 7 years, and over 30 years for up to 10 years.
  • Physical or Mental Disability: If a physical or mental condition prevents you from working or earning sufficient income to meet your needs, you may qualify for spousal maintenance regardless of the marriage length.
  • Fault in the Divorce: In certain cases of fault-based divorce (e.g., adultery or cruelty), the court may consider the at-fault spouse's financial resources when awarding spousal maintenance.
  • Compelling Impediment: Even in marriages under 10 years, the court may grant spousal maintenance if there's a compelling reason why you cannot support yourself. This could include caring for young children, lack of education or job training, or recovering from domestic violence.

Determining the Amount and Duration of Spousal Maintenance

There's no set formula for calculating spousal maintenance awards in Texas. The court considers several factors, including:

  • The income and earning capacity of both spouses.
  • The duration of the marriage.
  • The needs of the spouse seeking maintenance.
  • The separate property of each spouse.
  • The health of both spouses.
  • The education and training of each spouse.
  • The child custody arrangements (if any).

Spousal Maintenance Limitations

Texas law places limitations on spousal maintenance awards:

  • Maximum Duration: As mentioned earlier, the maximum duration is tied to the length of the marriage.
  • Maximum Amount: The award cannot exceed the lesser of $5,000 per month or 20 percent of the paying spouse's gross monthly income.
  • Modifiable Orders: Spousal maintenance awards can be modified under certain circumstances, such as a significant change in either spouse's income or the receiving spouse's remarriage.

Schedule an Initial Consultation with Our Spousal Maintenance Attorneys in Frisco, TX

Spousal maintenance can be a complex issue in a Texas divorce. Our family law attorneys at O'Neil Wysocki can guide you through the spousal maintenance process, including assessing your eligibility and advocating for a fair and sustainable spousal maintenance arrangement in your divorce settlement.

Contact our Frisco spousal maintenance lawyers online or give us a call at (972) 852-8000 today to begin the process of putting your spousal maintenance issues behind you.

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Frisco 7330 Stonebrook Parkway, Suite 100, MB #3,
Frisco, TX 75034
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Fort Worth 2630 West Freeway, Suite 218,
Fort Worth, TX 76102
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Houston 19 Briar Hollow Ln., Ste. 200,
Houston, TX 77027
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Contact Us 972-852-8000

Family Law Representation at O’Neil Wysocki P.C

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