location6160 Warren Pwky, Suite 100, Frisco, TX 75034
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phone972-954-6455

Collin County Spousal Maintenance Attorney

Denton TX spousal support attorney

Divorce Lawyer for Alimony Orders and Agreements in Frisco, TX

When spouses get divorced in Texas, they must address many important financial issues, including the division of their community property, as well as the determination of their child support obligations if they have minor children. In some divorce cases, spousal maintenance or alimony is also a factor. It is important to understand how maintenance is handled under Texas law so that you can be better prepared for the possibility of receiving support or paying it to your spouse.

Spousal support can be a confusing and contentious issue in a Texas divorce, but an experienced attorney can help you make sense of it and protect your financial interests. At the Law Office of Philip Moore, Jr., P.C., we have 20 years of legal experience, and we have helped many clients navigate the complexities of their divorces and resolve the specific issues at hand. We can represent you in divorce negotiations or litigation, depending on your needs.

Will Alimony Be Part of Your Divorce?

As with many aspects of the Texas divorce process, you may have an easier time securing a spousal maintenance arrangement that meets your needs if you can negotiate an agreement with your spouse. If you know that there is a major financial imbalance between you and your spouse, you may want to address spousal maintenance early on in your relationship through a prenuptial or postnuptial agreement. If you have a pre-existing agreement like this, the court will usually honor it during the divorce process.

If you have not addressed alimony in a prenup or postnup, you may be able to negotiate for it as part of your divorce settlement. For example, if one spouse wants to keep high-value marital assets like retirement accounts, real estate property, or businesses, they may be willing to agree to pay maintenance in return. We can help you negotiate for an appropriate amount and duration of spousal support based on your personal circumstances.

Without a maintenance agreement in place between you and your spouse, the only way to secure alimony in Texas is to demonstrate to the court that it is warranted for one of the following reasons:

  • You or your child has been the victim of domestic violence at the hands of your spouse within the last two years.
  • You are incapable of earning enough income to provide for your needs because you have a disability, or because you are responsible for caring for a child who has a disability.
  • You were married for at least 10 years, and you are incapable of earning enough income to provide for your needs for any reason that the court deems valid.

Texas Spousal Maintenance Orders

When the issue of maintenance is decided by the court, there are limits on both the amount and the duration that may be ordered. A spouse cannot be ordered to pay more than $5,000 per month, or more than 20 percent of their gross monthly income. Additionally, unless maintenance is granted due to a disability, a spouse cannot be ordered to pay maintenance for more than 10 years, and many maintenance orders are for a much shorter duration.

The court will decide the specific amount and duration of the order based on factors including the length of the marriage, each spouse's financial resources and earning abilities, each spouse's contributions to the marriage, and any fault-based reasons for the divorce. The court will also consider whether the spouse petitioning for maintenance has made reasonable efforts to increase their income and earning abilities.

Contact a Dallas County Alimony Lawyer

If the issue of alimony has been raised in your divorce, we can help you understand what to expect and develop a strategy for achieving your goals through negotiation or litigation. To schedule a free consultation, contact our office at 972-954-6455 today. We represent clients in divorce cases in Dallas County, Denton County, Collin County, Tarrant County, and the surrounding areas, including Frisco, Dallas, Prosper, Plano, Denton, The Colony, Little Elm, and McKinney.

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