Spousal Maintenance

San Antonio Spousal Maintenance Lawyers

Assisting Clients With Spousal Support or Alimony Matters in Texas

Spousal maintenance (often called alimony or spousal support) arrangements can help one party maintain a good quality of life post-divorce. Navigating a spousal maintenance dispute can also be complex, especially if the parties disagree on terms for the alimony arrangement.

At The Law Office of Derek S. Ritchie, PLLC, our experienced San Antonio spousal maintenance attorneys have the tools to help you pursue an equitable spousal maintenance arrangement with your soon-to-be-ex.

Schedule a consultation with our experienced San Antonio spousal maintenance attorney– contact us online or via phone at (210) 702-2203!

How Does Spousal Maintenance Work in TX?

In a spousal maintenance arrangement, one party (the payor) provides the other party (the recipient) with financial support, often to help them maintain a good quality of life post-divorce.

An individual can request spousal support if:

They and their spouse both agree on the need for spousal maintenance (and negotiate an equitable amount);
Their marriage lasted at least ten years, and they cannot provide for their reasonable needs. To demonstrate a need for spousal support, the prospective recipient must lack the property and income to support themselves, and either be the caretaker of a disabled child, be disabled themselves, or lack the earning ability or provide for themselves;
Their spouse was convicted of or received deferred adjudication for family violence charges within two years of filing for the divorce;
Their spouse sponsored them as an immigrant, and the prospective recipient can enforce an Affidavit of Support.

Most commonly, courts award spousal support because one party shows they lack the property, income, or earning capability to reasonably support themselves.

What Do Courts Look at During Spousal Maintenance Matters

To determine whether this is indeed the case, courts examine various aspects of the case, including:

The duration of the marriage;
The health and age of each spouse;
How the spouses treated each other (and what roles they fulfilled) during the marriage;
The property and income possessed by each party at the time of the divorce;
The earning potential of both spouses, and how long it would take the prospective recipient to support themselves financially with additional training;
How paying for spousal maintenance would impact the prospective payor;
Any other factors the court considers relevant to the case.

Types of Spousal Maintenance in Texas

In Texas, spousal maintenance, commonly referred to as alimony, is not granted in every divorce case. When it is awarded, there are several types or durations of spousal maintenance available:

Temporary Alimony: This form of alimony is typically granted during the divorce proceedings to provide financial support to the lower-earning spouse until the divorce is finalized.
Contractual Alimony: Spouses can also agree on the terms of alimony as part of a prenuptial agreement or postnuptial agreement, allowing for more flexibility in the duration and amount.
Rehabilitative Alimony: This type of alimony is awarded to help the lower-earning spouse acquire the education or training necessary to become self-supporting. It is intended to be temporary and is often linked to specific milestones, such as completing a degree or job training.
Reimbursement Alimony: Reimbursement alimony may be awarded to compensate one spouse for expenses or support they provided to the other spouse during their education or career advancement. It's not based on need but rather on reimbursement.
Permanent Alimony: While relatively rare, in some cases, the court may order permanent alimony. This type of alimony is usually awarded in long-term marriages where one spouse cannot reasonably be expected to become self-supporting due to age, health, or other factors.

The specific type and duration of spousal maintenance in Texas depend on various factors, including the length of the marriage, the financial situation of both spouses, and their individual needs. Courts aim to ensure fairness and equity in awarding spousal maintenance, and it's often a complex matter that requires careful consideration by a family law judge.

Who Gets Spousal Maintenance in a Divorce?

In Texas, spousal maintenance is not automatically awarded in every divorce case. It is reserved for situations where one spouse demonstrates a genuine need for support, and the other spouse has the financial means to provide it. The Texas Family Code outlines several specific criteria that must be met before a court will consider awarding spousal maintenance:

Length of Marriage: One of the primary factors influencing spousal maintenance eligibility is the length of the marriage. The court may generally award spousal maintenance if the marriage lasted at least ten years. However, there are exceptions where a spouse may still qualify, even if the marriage is shorter, especially in instances of domestic violence or where one spouse has a disability.
Inability to Support Oneself: A key requirement for spousal maintenance is that the requesting spouse cannot provide for their own minimum reasonable needs. This may occur if a spouse was out of the workforce for an extended period during the marriage, lacks sufficient income, or has limited earning capacity due to health reasons, lack of education, or lack of marketable skills.
Disability or Health Issues: If one spouse is disabled or suffers from a debilitating health condition that prevents them from supporting themselves, they may be eligible for spousal maintenance. The court considers both physical and mental health issues in determining the need for financial support.
Caring for a Disabled Child: If the couple has a child with a disability that requires considerable care and supervision, and the spouse seeking maintenance cannot work outside the home due to these responsibilities, they may also qualify for spousal support.
Family Violence: A spouse may be eligible for spousal maintenance if they are a victim of family violence committed by the other spouse during the marriage. In such cases, the court is more likely to award maintenance even if the marriage was shorter than ten years.

Modifying or Terminating Spousal Maintenance

Spousal maintenance is not always permanent. It can be modified or terminated under certain conditions. The court may terminate the spousal maintenance if the recipient spouse remarries or cohabitates with a new partner. Additionally, if there is a substantial change in circumstances, such as the paying spouse losing their job or the receiving spouse becoming financially independent, either party may request a modification of the original order.

How Much Are Spousal Maintenance Payments & How Long Do They Last?

Unlike some states, Texas does not use a formula to calculate how much spousal support a payor may owe a recipient. Courts use the same factors we covered above to determine how much spousal maintenance would constitute an equitable outcome for both parties.

Similarly, the length of spousal maintenance arrangements in Texas varies. The length of the marriage plays a major factor:

If the marriage lasted for at least 10 years but less than 20, spousal maintenance can last for up to five years;
If the marriage lasted for at least 20 years but less than 30, spousal maintenance can last for up to seven years;
If the marriage lasted for 30 years or more, spousal maintenance can last an indefinite amount of time (10 years or more).

Other factors, such as whether family violence played a role in the case or how long it may take the recipient to support themselves financially, can also affect the length of the spousal maintenance arrangement. At The Law Office of Derek S. Ritchie, PLLC, our San Antonio spousal maintenance lawyers will help you pursue an equitable outcome in your spousal maintenance case.

Contact Our Spousal Maintenance Attorney in San Antonio Today

Our San Antonio spousal maintenance lawyers are dedicated to advocating for your rights and ensuring that you obtain a fair outcome. Whether you are seeking spousal maintenance or contesting a claim for it, we can provide the legal guidance you need. To discuss your spousal maintenance case and explore your legal options, contact The Law Office of Derek S. Ritchie, PLLC, today. Call us to schedule a consultation and take the first step toward securing your financial future after divorce.

Schedule a consultation with our experienced San Antonio spousal maintenance lawyer – contact us online or via phone at (210) 702-2203!

Continue Reading Read Less

Why Choose The Law Office of Derek S. Ritchie, PLLC?

Work Directly With Your Attorneys

Derek and his team will work directly with you through every step of your case. It’s important to us that your case receives highly personalized attention. You instilled your trust in us and we will work to meet and exceed your expectations.
We Fight to Win

We’re competitive by nature and have a versatile legal style. We always seek an amicable outcome among different parties. We’re also prepared and ready to take your case to trial.
Complimentary Consultations

We strive to create an environment where you feel safe and protected. We recommend starting with a complimentary consultation to review your case together. Evening and weekend consultations are available by appointment only.

Contact Us Today

We’re Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

5-Star Client Testimonials

Your Outcome Matters

At The Law Office of Derek S. Ritchie, you are our priority. See the different experience makes in our clients' own words.

"All-Around Amazing!"
They are so excellent and treat you like family. Very professional, efficient, listen to you and they take it from there. Just all-around amazing!

- Jenna B.
"Absolutely Hands Down My Best Experience with an Attorney!"
This is a life-changing experience for me and I want to thank Sidney, Megan, Mr. Ritchie, and the entire team for all the help!

- Bryan F.
"I Couldn't Have Asked for Better Representation"
The whole firm was very caring and empathetic towards the situation and I couldn’t have asked for better legal representation!

- Former Client
"Knowledgable and Sympathetic"
Derek was very knowledgeable and sympathetic to my situation. He answered all my questions and I feel much better about the journey I have ahead of me.

- Taylor M.
"Lovely to Have Them in my Corner"
If I had to choose just one word to describe my experience with Mr. Ritchie it would be, marvelous. It was a very lovely experience to have had him in my corner.

- Traci M.
"Everyone Was Compassionate"
My experience was a great one, from the moment I picked up that phone to having a next-day free consultation!. They were so helpful, respectful, and professional throughout the whole thing!

- Ashley C.
"Amazing People!"
Amazing people! Made my very stressful situation super easy. Always there when I need something and I love that they’re only a phone call away.

- Yomira Q.
"Considerate and Knowledgeable"
I was super pleased with Mr. Ritchie’s services. He was extremely considerate and very knowledgeable. He made a difficult situation for me easier to manage.

- Karl J.

View All Reviews