Spousal Maintenance

Collin County Spousal Support Lawyer

Collin County Attorney for Alimony and Spousal Support Orders

Many people believe that divorce and alimony occur together, expecting one spouse to always pay support to the other as part of the court order. Texas courts, however, award spousal support only in select cases. You need to know how local courts in Collin County approach spousal maintenance if you are considering support after your divorce.

At the Law Office of Brian Bagley, we have provided family law services for over 10 years, and we draw on our knowledge and experience to assess whether maintenance applies to your situation. We help you understand spousal maintenance if you may qualify, or make sure the court treats you fairly if you may be the paying spouse. We listen to your story to identify your needs and goals. This approach helps us shape our legal strategy for your case.

Need help with spousal support? Contact us today at (972) 843-7158 for a consultation with an experienced attorney.

Types of Spousal Support in Texas

In Texas, spousal support, also called alimony, can take different forms based on the parties' needs and circumstances. These include:

  • Temporary Spousal Support:
    • This support is awarded during the divorce process.
    • It helps the receiving spouse meet basic needs while the divorce is pending.
    • Temporary support typically covers living expenses until the divorce is final.
  • Long-Term Spousal Support:
    • The court awards this support when a spouse cannot support themselves after divorce.
    • Reasons may include health issues, disability, or a lack of education or work history.
    • Long-term support may last for years or continue indefinitely, based on the situation.

Courts in Plano and Collin County follow Texas law on both temporary and long-term spousal support. The court evaluates financial factors, earning capacity, and the length of the marriage for each case. Unique details—such as local wage levels or property held in Collin County—also play a role when the judge decides what type of support, if any, applies to your case.

Factors That Could Impact Spousal Support Decisions

Several factors influence whether a spouse receives maintenance and the amount awarded:

  • Fault in the Divorce:
    • Texas courts do not base spousal maintenance directly on fault, but issues like adultery, abuse, or cruelty can affect related issues such as property division.
  • Lifestyle During Marriage:
    • Court reviews the standard of living established during the marriage.
    • If the party seeking support cannot maintain this standard after divorce, that factor may shape the support decision.

Texas courts also consider each spouse's education, employment background, and whether child care responsibilities limit one party's income. In Plano, judges work to create fair results using both state law and local knowledge of family dynamics. Property in Collin County, unique income sources, or local employment opportunities can impact the final outcome.

How to Modify or Terminate Spousal Support

Courts can change or end spousal support in certain situations:

  • Requesting a Modification:
    • Major changes—such as job loss or health problems—may allow you to seek a modification.
    • Significant changes in either party's situation can affect what support is needed.
  • Termination of Maintenance:
    • Spousal support ends if either spouse dies, or if the recipient remarries or lives with a new partner.
    • Knowing when maintenance ends helps prevent ongoing confusion or financial surprises.

Courts in Plano and Collin County demand clear proof of substantial changes before granting a modification. If you wish to change or end support, you will need to show evidence of altered job status, health issues, or financial shifts. Collin County courts may have specific procedures or timelines compared to other Texas regions, so working with an attorney familiar with local rules can help you address your concerns efficiently.

By weighing these factors, both spouses gain a clearer view of how Texas courts decide on spousal support issues.

How Collin County Courts Handle Spousal Support Enforcement

If a spouse falls behind on court-ordered alimony or spousal support in Plano or other parts of Collin County, the party receiving support can ask the family court to enforce the order. Judges in the area take enforcement seriously—especially when unpaid support affects a former spouse's well-being. The court may set a hearing to look at missed payments, reasons for non-payment, and efforts to comply with the order.

Plano family courts consider each enforcement request individually. The judge reviews why payments stopped and considers any past attempts to pay. If the court finds a continued lack of compliance, remedies can include court-ordered payment plans or wage withholding to collect overdue support. Local enforcement follows Texas law, but each case receives careful attention to the details. Good records and open communication can speed the resolution and help reduce stress for both sides.

Understanding Tax Implications of Alimony & Spousal Support in Texas

The tax rules for spousal support and alimony changed with federal law updates for divorces finalized after January 1, 2019. In these cases, the spouse paying support cannot deduct payments on federal tax returns, and the spouse receiving support does not include payments as federal taxable income. Plano residents and others in Texas should consider these changes when discussing support arrangements during divorce.

Although Texas law does not treat new spousal support payments as deductible or taxable, property settlements and other local assets can still affect your financial picture. Seek advice to understand how Collin County orders may affect your state and federal tax situation. Planning ahead with guidance from a Plano-based family law attorney can help you manage your financial transition after divorce and avoid tax-time surprises.

Eligibility Criteria for Spousal Maintenance in Texas

Many states may award spousal maintenance whenever there is a large gap between a couple’s income or assets. Texas, however, sets a high standard for maintenance eligibility. 

You must show that your divorce will leave you without enough assets to meet basic needs and meet one of these criteria:

  • Your spouse committed domestic violence against you or your child within two years of filing for divorce, or during your divorce case.
  • You have a mental or physical disability that prevents you from earning enough income.
  • Your marriage lasted at least 10 years, and you cannot earn enough income due to lack of education or experience.
  • You care for a child of the marriage who has a disability, and that prevents you from working enough to support yourself.

Courts only order maintenance under these rules, but you may still work out an agreement even if you do not meet the strict legal criteria. Spousal support terms can sometimes be added to a prenuptial agreement or negotiated as part of an uncontested divorce involving marital property division.

Plano residents should know that courts look at local job options and earning potential when reviewing eligibility for support. Collin County judges apply Texas law carefully, so understanding the rules and your own finances helps you prepare for the court’s review.

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Our FAQ

Frequently Asked Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 972-843-7158 today!

  • How Can a Lawyer Help Me Contest Spousal Maintenance?
    Our attorney can help you challenge a request for spousal maintenance by presenting evidence to show that your ex-spouse does not need support or that you cannot afford to provide it.
  • How Can a Lawyer Help Me Seek Spousal Maintenance?
    Our lawyer can guide you through the legal process, helping you understand your rights and options. At the Law Office of Brian Bagley, we can also help you gather necessary information to demonstrate your financial need and negotiate or litigate on your behalf.
  • How Hard Is It to Get Spousal Support in Texas?
    Texas is one of the most difficult states to win alimony in a divorce. While it is possible to receive alimony through a court order, it is more likely to be obtained through a private contract created as part of the divorce settlement.
  • How Can I Change a Spousal Maintenance Order?

    Spousal maintenance can be modified or terminated in Texas if you experience a material and substantial change in circumstances. Also, it terminates if the receiving spouse remarries or cohabits with a new partner.

    Examples of changes in circumstances can include:

    • Significant Income Change: If the person paying support has a significant increase or decrease in income, this could be grounds for a change in the support order. For example, as the payer, if your income decreases significantly due to a pay cut, you may request a reduction in the support amount from the court.
    • Job Loss: If the person providing the support loses his/her job, this could be seen as a valid reason for modifying the support order. However, voluntary unemployment or underemployment may not be seen as justifiable reasons for a reduction.
    • Illness or Disability: If the person paying support becomes seriously ill or disabled and is unable to work, this can also be grounds for a modification.
    • Retirement: Retirement can cause a significant change in income, which may warrant a modification of the support order.
    • Financial Emergency: Unexpected financial hardships, such as a major medical expense or a natural disaster, could justify a temporary or permanent change in the support order.
    • Change in the Recipient's Financial Needs: If the person receiving support experiences a significant change in his/her financial needs - for example, due to a job loss, illness, or increased living expenses – it may justify an increase in support.
  • How Long Will Spousal Maintenance Last?
    The duration of spousal maintenance in Texas varies based on several factors. It can last up to five years for a marriage of 10 years or more, seven years for a marriage of 10 to 20 years, and up to 10 years for a marriage lasting over 30 years.
  • How Do You  Request Spousal Maintenance?
    To request spousal maintenance in Texas, you must file a formal request with the court during your divorce proceedings. This typically involves demonstrating that you lack sufficient property and resources to provide for your basic needs.
  • What Disqualifies You for Spousal Support in Texas?
    A spouse may be disqualified from receiving spousal support if they have been convicted of or received deferred adjudication for a family violence offense against the other spouse or the other spouse's child within two years before filing the divorce or while the divorce is pending.
  • How Is the Amount of Spousal Support Determined?
    The amount of spousal maintenance in Texas is determined by various factors and cannot be more than $5000 per month or 20% of the paying spouse's average monthly gross income, whichever is lower.

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