Austin Alimony Lawyer

Experienced Austin Alimony Attorneys Helping You Secure Fair Spousal Support

Are you facing spousal support issues in Austin and unsure of what to do next? At Evans Family Law Firm, we understand the difficulties you’re experiencing. Spousal support, or alimony, can be essential for maintaining your lifestyle after a divorce. Whether you’re seeking or providing it, having a knowledgeable lawyer can make a big difference.

The rules around spousal maintenance can be complex, with many factors affecting the outcome. Our Austin family law attorneys are committed to protecting your financial interests and ensuring a fair result.

At Evans Family Law Firm, we offer clear solutions tailored to your needs. Our legal team is ready to guide you every step of the way. Contact us today at 512-628-2550 for personalized help and legal advice.

We’re here to support you with care, call today for a free consultation.

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Understanding Alimony in Texas

In Texas, alimony is called “spousal maintenance.” It helps a spouse maintain a reasonable standard of living after divorce in certain cases. Spousal maintenance often becomes a contentious issue during a divorce, requiring a judge to consider various factors before granting support. Unlike other states, spousal maintenance is not automatically awarded in Texas; the spouse requesting support must show a lack of sufficient property to meet their basic needs.

In Texas, spousal maintenance—commonly referred to as alimony—is only granted under specific circumstances. To qualify, the requesting spouse must generally meet the following criteria:

1. Marriage Duration: The marriage must have lasted at least 10 years.
2. Financial Need: The requesting spouse must lack sufficient property (including assets awarded during the divorce) to meet their “minimum reasonable needs.”
3. Earning Ability: The requesting spouse must clearly lack the ability to earn an income adequate to support their minimum reasonable needs in the current labor market.

Determining “Minimum Reasonable Needs”

Defining “minimum reasonable needs” is often the central issue in spousal maintenance cases. This determination is highly case-specific, depending on the individual’s circumstances. An experienced attorney can play a pivotal role in either establishing or challenging such claims, potentially making a significant financial impact on the case’s outcome.

Alimony for Specific Circumstances

Spousal maintenance under Texas law is often intended to support individuals who:

• Gave up educational or career opportunities to care for children or maintain the home.
• Care for a disabled child or have disabilities themselves that limit their ability to work.
• Lack current skills due to a lengthy absence from the workforce and need support during their transition to financial independence.

Obligation to Seek Self-Sufficiency

Texas law places a duty on the requesting spouse to make diligent efforts to become self-sufficient. This includes seeking employment and developing the skills necessary to re-enter the workforce. A failure to demonstrate these efforts can serve as a defense against awarding spousal maintenance.

Skilled Legal Guidance Makes a Difference

Whether you are seeking alimony or contesting it, having an experienced attorney on your side is crucial. At Evans Family Law Firm, our skilled Austin alimony lawyers can provide the experience and advocacy you need to navigate spousal maintenance claims effectively. We’re here to help protect your financial future while supporting your transition to the next chapter of life.

Types of Spousal Maintenance in Texas

Spousal support in Texas falls into three main categories: temporary spousal support, contractual alimony, and court-ordered spousal maintenance. Each type provides financial help in different situations.

Temporary Spousal Support

Temporary spousal support provides financial help during divorce proceedings, ensuring that one spouse can meet their immediate needs. This type of support is important for a lower-earning or non-earning spouse, helping them cover daily expenses while financial matters of the divorce are sorted out.

To qualify for temporary spousal support, the requesting spouse must show they lack sufficient property to meet their basic needs. This support is typically provided until a final divorce decree is issued, offering a financial cushion during a period of significant change.

Contractual Alimony

Contractual alimony is based on an agreement between spouses, providing them with the flexibility to set terms and conditions of support according to their unique circumstances. Unlike court-ordered spousal maintenance, contractual alimony allows for more personalized arrangements, often leading to more satisfactory outcomes for both parties.

Once agreed upon, contractual alimony is enforceable based on the terms set by the spouses, provided it is properly documented. Contractual alimony is especially beneficial in uncontested divorces where both parties are open to negotiation.

Court-Ordered Spousal Maintenance

Court-ordered spousal maintenance may be granted to a spouse if they can show a need for financial support after divorce. The eligibility for this type of maintenance is influenced by factors such as the length of the marriage and the financial resources of both spouses.

Court-ordered spousal maintenance generally lasts up to five years but can be extended in cases involving a disabled spouse or family violence.

How Do Courts Reach a Decision on Awarding Alimony?

In Texas, eligibility for spousal support depends on specific criteria. Key factors include the length of the marriage, the financial resources and needs of each spouse, and their health and age. These factors help determine eligibility for spousal support and the amount one may receive.

It is important to understand that just because a spouse may be entitled to request alimony, it is not a right and remains at the discretion of the court whether and how much Alimony should be awarded. Each case depends on the circumstances.

Here are the factors provided by the Texas Family Code that the Courts consider in deciding whether to award Alimony to a spouse:

• The financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;
• The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, the availability of that education or training, and the feasibility of that education or training;
• The duration of the marriage;
• the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
• The ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs and to provide periodic child support payments, if applicable, while meeting the personal needs of the spouse seeking maintenance;
• Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
• The comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse;
• The contribution by one spouse to the education, training, or increased earning power of the other spouse;
• The property brought to the marriage by either spouse;
• The contribution of a spouse as homemaker;
• Marital misconduct of the spouse seeking maintenance; and
• The efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code.

How to calculate the 10-year duration requirement for alimony

It is a common misconception that the duration of the marriage must be 10 years or more prior to the filing of the divorce. That is not the case. The duration of the marriage for purposes of the 10-year requirement encompasses the period of time from the date of marriage to the date the divorce is finalized, and not simply that the marriage was of a duration of 10 years.  Hipolito v. Hipolito, 200 S.W.3d 805 (Tex. App.—Dallas 2006, pet. denied).  This is often a misconception by clients, who believe that if they file their divorce prior to the 10 years duration of the marriage, that their spouse would not qualify for spousal maintenance.  This, emphatically, is not true.  If the marriage was of a duration of 10 years prior to the divorce being final and the criteria are otherwise met, a qualifying spouse may request spousal maintenance from the court.

Exceptions to the 10-year rule, and lack of earning capacity

Although the vast majority of cases involve alimony or spousal Maintenance in the “lack of earning ability” as enumerated above, alimony may also be awarded by the court if the spouse requesting alimony is (a) unable to support himself or herself through “appropriate employment” because of an incapacitating physical or mental disability or (b) is the custodian of a child of the marriage of any age who requires “substantial care and personal supervision” because a “physical or mental disability” which renders it that such spouse not be employed outside the home.

In the event a spouse seeking alimony is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability (or because the spouse is the custodian of a child of the marriage who has a physical or mental disability), the court may order maintenance for an indefinite period for as long as the disability continues. Under these circumstances, the courts generally order periodic review hearings or a party may request a hearing for the Court to determine whether the disability then justifying spousal maintenance continues to render the spouse unable to support himself or herself through appropriate employment.

Alimony and Family Violence

A major exception to the 10-year requirement for alimony is when a spouse has been convicted or received deferred adjudication for a criminal offense that also constitutes an act of family violence under Title 4. If this is the case and the offense occurred (a) within two years before the date on which the suit for divorce was filed or (b) while the suit is pending, a spouse is entitled to request alimony.

When considering whether you or your spouse qualifies for alimony under the family violence exception, it is important to know that merely obtaining a protective order does not satisfy the statutory requirement of “conviction” or “deferred adjudication” of a criminal offense.

Spousal Maintenance and Common-Law Marriage

Alimony or spousal maintenance is available even if it turns out that a marriage is established by “common law,” or if a spouse entered the marriage in good faith and it turns out that the marriage is void due to a prior marriage having not been dissolved. In the latter case, a spouse who entered the marriage in good faith is known in family law as a “putative spouse” and, if that spouse did not know of an existing impediment to the validity of the current marriage, alimony can be awarded even in a suit to declare a marriage void.

Spousal Maintenance and Taxes

It should not be overlooked that, if drafted correctly, Alimony payments are required to be included in the gross income of the payee and are deductible from the gross income of the payor. Often this is a central reason for a high earner to consider entering an agreement to pay alimony voluntarily (also known as contractual alimony) as cash exchanges, temporary spousal support, and child support made while the case is pending and under the division of the assets in a divorce are not deductible. That can serve as an incentive for a high-earning spouse to agree to pay contractual or voluntary court-ordered maintenance for the long-term tax benefit.

To qualify as alimony (meaning the payments are tax-deductible to the payor and taxable to the payee), alimony payments must meet the following requirements (see 26 U.S.C.A. § 71):

1. the payments must be made in cash;
   Note: Alimony payments are required to be in “cash”, but cash includes checks and money orders payable on demand, received by or on behalf of a spouse (including a former spouse). Though alimony payments may be garnished from a payor’s wages, payments of alimony are not paid through a central state disbursement unit as are child support payments. However, the central point here is recognizing the “cash” requirement and that a transfer of services or property or a bartering arrangement including payment of debt for a spouse or the purchase of an annuity contract does not qualify as alimony.
2. the payee must be a spouse or former spouse of the payor;
3. the payments must be made under a divorce or separation instrument;
4. the payments are required to cease upon the death of the payee;
5. the payment cannot be a substitute for or constitute child support in any form;
6. the divorce decree must provide that the payments are includible in the calculation of the gross income of the payee and are allowable as a deduction by the payor as provided by 26 U.S.C.A. § 215;
7. the parties must not be members of the same household at the time alimony payments are made;
8. for alimony payments exceeding $15,000, the payout period must be at least 3 years; and
9. a joint return cannot be filed by the payor or payee, even if they are considered legally married under state law.

Gross Income Includes the Following:

1. All wages and salary;
2. Interest, dividends, and royalties;
3. Net rental income; and
4. “All other income actually being received” from severance, retirement benefits, pensions, trust income, etc …

However, gross income will NOT include the following:

1. Return of principal or capital;
2. Accounts receivable;
3. Federal public assistance benefits;
4. TANF benefits;
5. Payments for foster care of a child;
6. VA disability benefits, and
7. Foster care but does not include VA
8. Supplemental security income (SSI);
9. Social security benefits and disability benefits; or
10. Worker’s compensation benefits

Changing and Enforcing Spousal Maintenance Orders

Spousal maintenance orders can be changed or enforced under certain conditions. Changes in financial situations or not following court orders can lead to modifications or enforcement actions, ensuring fair support is provided.

Reasons for Changes

Common reasons for requesting changes to spousal maintenance orders include significant changes in financial situations, like getting a new job or a decrease in income. Courts typically require strong evidence to make changes to existing orders, and the other party can contest the request, making it important to have thorough documentation and arguments.

What Happens If My Spouse Refuses to Pay Alimony?

If your spouse is not paying the alimony ordered by the court, it can cause financial stress. However, there are steps you can take to enforce the payment of spousal support.

Steps to Enforce Alimony Payments

When a spouse refuses to pay alimony, you can ask the court to help enforce the order. Here are some ways the court can assist:

• Contempt of Court: The court can find the non-paying spouse in contempt, which means they have disobeyed a court order. This can lead to penalties like fines or even jail time.
• Wage Garnishment: The court can order that a portion of the non-paying spouse’s wages be taken directly from their paycheck to cover alimony.
• Seizing Assets: The court might allow the seizure of the non-paying spouse’s assets or property to pay off the owed alimony.
• Property Lien: A lien can be placed on the non-paying spouse’s property, which must be cleared before selling or refinancing the property.
• Tax Refund Interception: The court can intercept tax refunds to cover missed alimony payments.

Consequences for Not Paying

Ignoring alimony orders can lead to serious consequences. The court may increase the amount owed or require the non-paying spouse to cover additional legal costs. These actions ensure that the spouse who needs financial support receives it.

If you’re dealing with a spouse who won’t pay alimony, it’s important to talk to a family law attorney. They can help you understand your options and take action to secure the support you need.

Common Mistakes in Alimony Cases

Common mistakes in alimony cases can greatly affect the outcomes of spousal support awards. These mistakes often include a lack of documentation, misunderstanding of legal rights, and ineffective negotiations, which can lead to unfavorable results for the parties involved.

• Lack of Documentation: Thorough documentation is crucial in alimony cases as it reinforces claims regarding eligibility and the necessity for support. Inadequate documentation can weaken a party’s case for spousal support, leading to reduced or denied maintenance.
• Misunderstanding Legal Rights: Many individuals do not fully understand their legal entitlements and obligations regarding alimony, leading to unfavorable results. Misunderstanding legal rights can lead to missed opportunities for adequate support or unfair financial obligations.
• Ineffective Negotiations: Effective negotiation strategies are essential to achieving fair spousal support arrangements tailored to the specific needs of both parties. Family law matters are essential in negotiating fair alimony agreements, protecting clients’ rights, and advocating for their interests.

Choosing Evans Family Law Firm for Your Austin Alimony Case

Selecting Evans Family Law Firm as your Austin divorce attorney is important for effectively handling your spousal support case. Our firm’s extensive background in family law and client-focused approach can significantly influence the outcome of spousal support cases, ensuring fair and adequate financial support post-divorce.

The initial consultation with our alimony lawyers is a key step in selecting the right legal representation. During this consultation, we encourage you to inquire about our extensive experience in handling similar cases and our transparent fee structure.

Choose Evans Family Law Firm for a team focused on family law with specific knowledge in spousal support cases. Our focus ensures that we are equipped to handle the intricacies of your case and provide the best possible legal representation. Contact us today at 512-628-2550 for a free consultation.

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I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.

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