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Spousal Support

Denton Spousal Support Attorney

Serving Denton, Collin, and Tarrant County, TX

At Coker, Robb & Cannon, Family Lawyers, we put more than 110 years of collective experience to work on behalf of each client we work with. We understand how difficult and emotional divorce proceedings are and how important it is to protect your rights at all times and ensure you are treated fairly. This is why we provide compassionate and personalized support when you deal with family law issues. We offer financing to help with retainer fees. Click here to see your options.

What is Spousal Support?

Spousal support is regular payments made to a spouse to provide support during or after a divorce. Divorcing spouses can agree to spousal support terms or have them determined by a court. When you are going through a divorce, our Collin County alimony attorney can help you determine if you are eligible for maintenance.

Why Hire A Family Attorney?

We have helped families just like yours through all types of divorce and family law-related matters. Find out how one of our Board-Certified Family Law Specialists can help you.

How Do You Calculate Spousal Support?

Calculating spousal support payments in Texas involves a process that takes into account various factors set forth by Texas law. Spousal support, also known as alimony or spousal maintenance, is typically awarded to the spouse who is economically disadvantaged. The purpose is to provide financial support and help them maintain a reasonable standard of living after divorce.

Here is a general overview of how spousal support payments are calculated in Texas:

  • Eligibility: First, it is important to determine whether spousal support is appropriate in your case. In Texas, the court may grant spousal support if the spouse seeking it lacks sufficient property to provide for their minimum reasonable needs and meets specific criteria. These criteria can include issues like disability, family violence, or a marriage that lasted ten years or longer.
  • Calculating Minimum Reasonable Needs: Courts consider the minimum reasonable needs of the spouse seeking support. This includes essential living expenses, such as housing, food, utilities, transportation, and healthcare. The court will analyze the specific financial needs of the recipient spouse.
  • Ability to Pay: The court will also consider the paying spouse's ability to pay spousal support. This involves assessing their income, expenses, and assets. It is essential to accurately present your financial situation to the court.
  • Duration of Support: The court will decide whether the support should be temporary or permanent. Temporary support is usually ordered for a specified period, often while the recipient spouse gains education or job skills. Permanent support, on the other hand, may continue until certain conditions are met, such as remarriage or the death of either spouse.
  • Spousal Support Guidelines: Texas has statutory guidelines for determining the amount of spousal support. As of my last knowledge update in September 2021, the maximum amount a court can order is $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is less. This can change, so it is crucial to check the most recent laws and guidelines.
  • Special Circumstances: In some cases, the court may deviate from the guidelines if special circumstances exist. Factors such as a spouse's disability, contributions made during the marriage, and other relevant factors can be considered.
  • Negotiation and Mediation: In many cases, spouses can agree on the terms of spousal support through negotiation or mediation. This allows for more flexibility and customization of the support agreement. Courts often prefer when parties can agree among themselves.
  • Court Decision: If the spouses cannot reach an agreement, the court will make the final determination based on the information presented, the law, and the judge's discretion.
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How is Spousal Support Determined in Texas?

Texas courts have a variety of factors to consider when determining the amount and duration of Spousal Support to be paid.

Factors include:

  • Duration of the marriage
  • Existence of any children with physical or mental disabilities
  • Marital misconduct or family violence
  • The ability to be employed and the ability to provide for minimum financial needs
  • The contribution as a homemaker
  • The ability of the supporting spouse to provide for the other spouse and pay child support
  • Unnecessary expenditure of community property by either party

Even if the other spouse has been convicted of domestic violence, courts usually assume that an order for spousal support is not appropriate and therefore must be convinced otherwise based on the above criteria.

How Long Do You Have to Be Married to Get Spousal Support?

In Texas, spousal maintenance is generally awarded in divorce cases where the marriage lasted 10 years or longer. Cases involving domestic violence during or soon after the divorce may also qualify for spousal support, as can cases where the parties simply come to an agreement about spousal maintenance. Wondering if you qualify for spousal support in Texas? Consult a spousal maintenance attorney at Coker, Robb & Cannon today!

Why Choose Coker, Robb & Cannon, Family Lawyers?

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Trusted Representation in Denton, Collin, and Tarrant County

It may be necessary for our Collin County spousal maintenance lawyer to show the court you have made a good-faith effort to earn income on your own or develop skills to provide for basic needs during the separation and divorce proceedings.

Our job as your legal representative is to provide reliable advocacy and negotiate with the other side for the best outcome possible. Speak with Coker, Robb & Cannon, Family Lawyers to ensure your rights are respected throughout the entire maintenance process.

Contact us online or call us at (940) 293-2313 to discuss your situation with an attorney. We have offices in Denton, Frisco, and Little Elm and offer video consultations!

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