Spousal Maintenance Attorneys in San Antonio
Helping Clients Protect Their Post-Divorce Finances
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.
How Does Spousal Maintenance Work?
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
Determining Maintenance Awards in Texas
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 Maintenance Taxable?
Under normal circumstances, the payments will be considered taxable income to the person receiving the support. They can also be tax deductibles for the person paying.
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.
The Duration of Spousal Maintenance Orders
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, and finally duration would be 10 years if the marriage had continued for at least 30 years. Except for certain exceptional 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.
How Is Spousal Maintenance Enforced?
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.
Contact Our Experienced 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.