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Spousal Maintenance in Texas

Spousal Maintenance

If you live in Texas and you’re considering divorce, but you’ve been out of the job market for a while, or your spouse has been a stay-at-home parent, you may have questions and concerns about spousal support in a divorce decree. Does Texas still recognize the need for alimony/spousal support? If so, what are the conditions under which a grant of support will be awarded?

Spousal Maintenance in Texas

Though it’s not as common as it used to be, spousal maintenance (the term in Texas for “alimony”) is still often available to men or women in Texas, based on a number of factors. The judge in a divorce proceeding has absolute discretion to award or deny spousal maintenance and may consider any or a number of the following criteria:

  • The length of the marriage
  • All the financial resources of the person seeking maintenance, including income, assets and access to benefits, inheritance or other property
  • The respective education and job skills of both parties
  • The age, employment history, earning ability and health of the potential recipient
  • Whether the party seeking maintenance engaged in the dissipation of marital assets
  • Whether the party seeking maintenance contributed to the education or earning capacity of the other spouse
  • A party’s contributions as homemaker
  • Whether the party seeking maintenance committed adultery or any other marital misconduct
  • Whether the party seeking maintenance has actively sought gainful employment

In addition, the court may order maintenance payments by a spouse who was convicted (or received a deferred adjudication) for an act of family violence against the spouse seeking maintenance that occurred within two years of the filing of the divorce complaint.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-761-6042 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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