Austin Alimony Lawyers
Will alimony be ordered in your case?
Alimony refers to the periodic payment of money from one spouse towards the other spouse for support. Depending on the circumstances, such payments may be referred to as temporary spousal support, contractual alimony, or maintenance.
If you are filing for divorce, you can turn to Friday Milner Lambert Turner, PLLC for a full explanation of Texas’ alimony laws and unwavering legal representation during your divorce proceedings.
Our Austin divorce attorneys have more than 200 years of combined experience, and some of the most sought after accolades in the legal field, some of which include the AV Preeminent® Rating from Martindale-Hubbell®, selection for inclusion in Super Lawyers®, and Board Certification by the Texas Board of Legal Specialization.
Understanding Alimony in Texas
Texas does have court-ordered alimony; however, it is referred to differently depending on whether it is ordered while your divorce is pending (temporary spousal support), or agreed upon by both parties as a port of the divorce decree (contractual alimony), or court-ordered in a divorce (spousal maintenance).
What is temporary spousal support?
If the court finds it necessary, it may award temporary spousal support while the divorce is still pending.
What is contractual alimony?
With contractual alimony, the spouses reach an agreement where one spouse will pay alimony towards the other spouse, and this forms a contract. Unlike temporary spousal support, the receiving spouse must pay income tax on the alimony. Contractual alimony is often a part of a divorce settlement.
What is maintenance?
When alimony is ordered by the court, it is called maintenance. As with contractual alimony, the receiving spouse must pay income tax on the money.
Under what circumstances would a judge order maintenance?
A judge may order maintenance when a spouse has been convicted of family violence under certain circumstances, or when the parties have been married for at least ten years, and the financial resources of the requesting spouse are limited. In such cases, the requesting spouse must prove that:
- They are unable to support themselves because of a physical or mental disability, or
- They have custody of a child from the marriage with a physical or mental disability who requires substantial and continuous care, or
- For some reason, they lack the ability to earn a decent living which would meet their minimum reasonable needs.
Protect your rights in a divorce. Contact us today!
To learn more about how long court-ordered maintenance can last, and how a judge determines the amount of maintenance that is ordered, and whether it can be garnished from a person’s wages, contact Friday Milner Lambert Turner, PLLC today. Whether you are seeking alimony or contesting it, we will provide you with the skilled legal representation that your situation demands!