Texas Alimony Attorney
Practice Areas
Alimony, or spousal maintenance, is often a critical component of ensuring financial stability for both parties after a separation. In Texas, alimony is not automatically awarded but is determined based on the specific circumstances of each case. Whether you're seeking alimony or contesting an alimony request, having the right legal support is crucial.
Attorney Lisa M. Potter at The Okoh-Brown Law Group, PLLC has extensive experience in a wide range of family law matters. She can help you secure the financial support you need to maintain your standard of living post-divorce.
Her firm also offers flexible payment plans to make top-tier legal services accessible for every individual. If you're in an alimony dispute or seeking to modify an existing agreement, contact The Okoh-Brown Law Group, PLLC today to schedule a consultation and take the first step toward securing a stable financial future.
Understanding Spousal Maintenance in Texas
There are four situations in which a spouse may be eligible to obtain an alimony award in Texas, including:
The marriage has lasted for at least 10 years.
The spouse seeking spousal maintenance lacks sufficient income or property to meet their reasonable needs; is either disabled or the primary caretaker of a disabled child, or lacks earning capacity to provide for their minimum reasonable needs.
One spouse has been convicted of or received deferred adjudication for a family violence offense against the other spouse or their child within two years prior to the filing of the divorce or while the divorce is pending. (The duration of the marriage in these cases is irrelevant.)
Both parties can mutually agree that spousal maintenance will be paid for a specified period of time.
It's important to note that Texas law places limits on the duration and amount of alimony payments to ensure fairness for both parties. The duration typically depends on the length of the marriage, with longer marriages warranting longer periods of support. Also, the amount of alimony is generally capped at either 20% of the paying spouse's gross income or $5,000 per month, whichever is less.
These limitations are designed to provide necessary assistance without imposing undue financial burdens. Lisa can help you understanding these constraints and other relevant laws and how they apply to your specific situation.
Address Your Alimony Issue
How Is Alimony Determined?
Texas law has specific guidelines for determining alimony, taking into account various factors to calculate the appropriate amount and duration. As outlined above, the duration of the marriage, ability to provide for oneself, and a history of violence will significantly impact eligibility and the length of alimony payments.
A more detailed list of factors includes, but is not limited to:
The financial situation of each party, including income, assets, and earning capacity.
Contributions by either spouse, such as homemaking or supporting the other’s education and career.
The standard of living established during the marriage is taken into account to ensure neither party suffers undue financial hardship post-divorce.
Healthcare or educational expenses regarding any special needs.
The education and employment skills of each spouse.
The time and availability required to obtain sufficient education or training for the spouse to earn adequate income.
The health and age of each spouse.
How the spouses treated each other during the marriage.
Ultimately, the primary consideration in any alimony decision is fairness. An experienced Texas spousal maintenance attorney can help you make a compelling case to secure the support you need for the amount of time you deserve. Or, if you're being asked to pay alimony, a skilled lawyer can help ensure the amount is fair and reasonable.
Under Texas laws, the court cannot require the payor spouse to pay more than the lesser of $5,000 or 20% of their gross monthly income. Contact The Okoh-Brown Law Group, PLLC today for more information.
Can Alimony Agreements Be Modified?
Alimony agreements are not set in stone. To request a modification to an existing alimony order in Texas, a party must demonstrate a significant change in circumstances since the original order was established.
Significant changes can include:
Changes in a party's employment or income.
The recipient’s remarriage or cohabitation.
Changes in financial needs due to health issues or other factors.
The court requires that the proposed modification aligns with the principles of fairness and the recipient’s best interest. The party requesting the change must provide compelling evidence to support their claim. The process begins with filing a formal modification petition detailing the requested changes and the reasons behind them.
After filing the petition, the other party must be served with the documentation and given the opportunity to respond. Resolution attempts may involve mediation, and if an agreement isn't reached, the case will proceed to a court hearing where a judge will make the final decision based on the evidence presented by both parties.
Legal representation during this process is crucial. Lisa can help make sure your voice is heard and will fight to optimize your outcome.
When Does Alimony End?
The duration of maintenance depends on the specifics of your case. Alimony payments will automatically terminate if one of the following occurs:
The award period has ended.
One of the former spouses passes away or remarries.
The recipient spouse permanently resides with another individual in a romantic relationship.
Attorney Lisa M. Potter at The Okoh-Brown Law Group, PLLC provides compassionate guidance and relentless representation for her clients. If you're facing issues with alimony payments or need assistance enforcing an alimony order, contact Lisa today to discuss your options and get ahead of the situation.
Alimony Attorney Serving Clients Across Texas
Lisa approaches each alimony case with commitment and empathy, understanding how vital these arrangements are for people post-divorce. Whether you’re facing a contentious alimony dispute or seeking an amicable modification, Lisa is here to help ensure that the financial plan is both fair and equitable.
Understanding the emotional and financial stress that accompanies divorce, Lisa will advocate firmly to obtain an outcome that best reflects your needs. Her Houston-based family law firm is committed to offering personalized and effective legal representation for families throughout Texas, including Dallas, Fort Worth, San Antonio, El Paso, and beyond. Contact her today to schedule a time to discuss your alimony matter.