Spousal Maintenance

Spousal Maintenance Attorneys in San Antonio

Protecting Your Financial Future After Divorce

During a divorce, one of the most common concerns our clients have is about their finances. At Calfas Law Group, PLLC, we are highly experienced and familiar in the areas of family law and divorce. Whether you are worried about how you will support yourself after the divorce or are concerned about how much money you may be required to pay, we are here to help. Our San Antonio spousal maintenance lawyers can ensure you understand how spousal maintenance works and whether you will likely be entitled to payments or if you will be asked to pay.

You do not have to face this process alone. Call (210) 405-8315 today to learn more about how maintenance works in Texas.

What is Spousal Maintenance in Texas?

Spousal maintenance is a type of spousal support typically awarded during a divorce. This type of support is not awarded in every divorce due to the specific limitations on how much and/or how long a court can award spousal maintenance. Spousal maintenance can be awarded during the divorce proceedings or on a temporary basis, such as to allow you to hire lawyers or pay your bills.

In order to qualify for spousal maintenance, the spouse seeking maintenance must prove one or more of the following:

They do not have sufficient income or property to provide for their needs
The marriage lasted at least 10 years
They are the custodian of a child
They have a mental or physical disability which prevents them from earning an income
The spouse who is being asked to pay has been convicted of domestic violence

How Texas Courts Determine Spousal Maintenance Awards

In certain cases, spouses might have difficulty providing for themselves without the aid of maintenance. To receive this maintenance, however, spouses must complete an application proving that they are already trying to earn a living but need further training and education to gain financial independence after being separated on account of divorce.

During the maintenance evaluation process, the court will carefully check certain factors to see the amount of maintenance that is needed for that spouse.

The factors which help the court determine the success of a maintenance award include:

Each of the spouse’s current incomes
The ability of each spouse to provide support for a child
The level of education, as well as the potential employment ability of each spouse
The length of the marriage
Any background of caring as a homemaker
The employment history and earning ability for each spouse
The age, mental, physical, and emotional capacities and conditions of each spouse
The property which each spouse is bringing
Any examples of marital misconduct, which also accounts adultery, by either spouse

Is Spousal Support Taxable in TX?

As of 2019, spousal support payments are no longer eligible as a tax deduction for the person making payments. The payments are taxable as income for the person receiving alimony as well. This means that both parties will be required to report spousal support on their taxes.

How Will You Receive Payments Once Ordered by the Court?

The court will enforce an order that is targeted at the spouse’s employer, directing them to withhold a certain amount of money in the paycheck.

How Is Spousal Maintenance Enforced?

In certain scenarios, spousal maintenance is ongoing, such as in the case where maintenance is needed to support a child, or where one spouse is physically or mentally disabled. Usually, however, there are distinct limits:

Duration of maintenance would only last 5 years if the spouses were married between 10 and 20 years.
Duration would be 7 years if the marriage lasted 20-30 years.
Duration would be 10 years if the marriage had continued for at least 30 years.

Except for certain cases where the supported spouse simply could not provide for themselves and their family, Texas’s family code (Tex. Fam. Code Ann. § 8.054 (2)) is designed to discontinue maintenance as soon as possible.

Enforcement of Spousal Maintenance Orders in Texas

Once the court decides that spousal maintenance should be paid, it is included in the divorce decree and is enforceable under the law the same way child support can be enforced. If your ex-spouse is refusing to pay you spousal maintenance as required, we may be able to assist with enforcement.

Get in Touch with Our San Antonio Spousal Support Attorneys Today

Whether you are seeking maintenance from or providing these payments to a former partner, Calfas Law Group, PLLC will thoroughly represent your best interests. We will work directly with you to create a case strategy that works for your situation.

Contact our San Antonio spousal maintenance attorneys now by calling (210) 405-8315 or filling out our online form to discuss your options.

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Our goal is to obtain the highest favorable outcome for your case.
Free Consultations
We offer initial free consultations as a starting point for our clients seeking counsel from our firm.
Determined
Litigation is what we are known for. If we have to litigate a case, we are always ready to do so on our clients' behalves.
Trusted by the Community
All of our attorneys have familiarity with the local courts, having presented many cases throughout our years in practice.
Experienced Attorneys

We offer comprehensive counsel for a broad range of family law, criminal defense, and personal injury matters.

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Why Choose Calfas Law?

Results -Driven
Our goal is to obtain the highest favorable outcome for your case.
Free Consultations
We offer initial free consultations as a starting point for our clients seeking counsel from our firm.
Determined
Litigation is what we are known for. If we have to litigate a case, we are always ready to do so on our clients' behalves.
Trusted by the Community
All of our attorneys have familiarity with the local courts, having presented many cases throughout our years in practice.
Experienced Attorneys

We offer comprehensive counsel for a broad range of family law, criminal defense, and personal injury matters.

​Spousal Maintenance Attorneys in San Antonio

Protecting Your Financial Future After Divorce

What is Spousal Maintenance in Texas?

How Texas Courts Determine Spousal Maintenance Awards

Spousal Maintenance Attorneys in San Antonio