FAMILY LAW
Spousal Maintenance
Plano Spousal Maintenance Attorney – Strategic Representation on Both Sides
Texas law sets specific eligibility requirements for spousal maintenance, including minimum marriage duration, the presence of certain qualifying circumstances, and limits on the amount and duration of any award. Meeting – or challenging – those requirements takes a clear understanding of how Texas courts apply the statute and the discretion they exercise in doing so.
At The Price Firm, we represent clients throughout Collin County, Dallas County, and Denton County on both sides of spousal maintenance disputes – those seeking support after a long marriage or a significant disparity in earning capacity, and those opposing claims they believe are unsupported or excessive.
Why Clients Choose The Price Firm for Spousal Maintenance
Spousal maintenance disputes can become contentious when the amount, duration, or eligibility is genuinely contested. Texas law sets specific criteria, but courts have discretion in applying them. Knowing how to present – or challenge – a maintenance claim effectively takes experience with how local courts approach these issues.
When you work with our team, you deal directly with your attorney. Our family law practice is led by Eren Price, who personally handles spousal maintenance matters across Collin County, Dallas County, and Denton County. We represent both spouses seeking support and those who believe a claim has been overstated or does not meet the legal threshold.
We prepare every case as if it is going to trial. That means analyzing the statutory requirements carefully, building the evidentiary record needed to support or challenge a maintenance claim, and presenting the argument clearly to a judge who has significant discretion over the outcome.
FAMILY LAW
Spousal Maintenance Matters We Handle
Texas law limits who qualifies for spousal maintenance. A spouse seeking support must generally show either that the marriage lasted at least ten years and the spouse lacks sufficient property to meet minimum reasonable needs, or that certain qualifying circumstances apply – such as a family violence conviction during the marriage, a physical or mental disability that limits earning capacity, or the primary custody of a child with a disability that requires substantial care.
Eligibility is a threshold question that can often be contested effectively. We help clients determine whether a claim is legally supportable before the case reaches a hearing.
Texas caps spousal maintenance at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. The duration of any award depends on how long the marriage lasted and the circumstances that qualify the receiving spouse for support. Shorter marriages generally result in shorter maintenance periods; longer marriages or more serious qualifying circumstances may support longer awards.
We help clients understand what range of outcomes is realistic under their specific facts, and we build the financial record necessary to present the argument persuasively.
Spousal maintenance orders can be modified or terminated if circumstances change materially. A significant change in either spouse’s income or financial situation may justify a reduction or increase in the maintenance amount. An award automatically terminates when the receiving spouse remarries or upon the death of either party, and the paying spouse can seek termination when the receiving spouse is cohabitating with a romantic partner.
In addition to court-ordered spousal maintenance, divorcing spouses can agree to a private support arrangement called contractual alimony. Unlike court-ordered maintenance, contractual alimony is not subject to the statutory caps and eligibility requirements – the parties can structure the amount, duration, and terms as they choose. Contractual alimony is enforceable as a contract rather than a court order, which affects how violations are addressed.
FAMILY LAW
Common Questions About Spousal Maintenance
A spouse qualifies for maintenance if the marriage lasted at least ten years and the spouse seeking support lacks sufficient property to meet minimum reasonable needs and lacks the earning capacity to be self-supporting, or if certain qualifying circumstances exist such as a family violence conviction, a disability, or the custodial care of a disabled child.
Texas caps maintenance at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. The duration ranges from five years for marriages lasting ten to twenty years, to seven years for marriages lasting twenty to thirty years, and up to ten years for marriages lasting longer. Disability-based awards may continue for as long as the disability persists.
A spousal maintenance obligation terminates automatically upon the receiving spouse’s remarriage or the death of either party. The paying spouse may seek termination or modification if the receiving spouse is cohabitating with a romantic partner or if there has been a material and substantial change in either party’s circumstances.
Court-ordered spousal maintenance is governed by the Texas Family Code and is subject to statutory caps and eligibility requirements. Contractual alimony is an agreement between the parties that is not subject to those statutory limits. It is enforceable as a contract, not a court order, and is structured according to whatever the spouses agree to during their settlement negotiations.
