Plano, TX Spousal Maintenance Lawyer
Attorney for Alimony and Spousal Support Orders in Collin County
Many people are under the impression that divorce and alimony go hand-in-hand and that one spouse will inevitably have to make support payments to the other as part of the divorce order. You may be surprised to learn that in Texas spousal support is only awarded in very limited circumstances. It is important, therefore, to understand how Texas courts make spousal maintenance decisions, especially if you expect to rely on support to meet your needs after your divorce.
At the Law Office of Brian Bagley, we have practiced family law for 10+ years, and we will use our knowledge and experience to help you determine whether maintenance is a likely factor in your divorce. We can help you make your case in court for the maintenance you need. On the other hand, we can also ensure that you are treated fairly if you are the paying spouse. We listen closely to your story so that we understand your circumstances and priorities. This allows us to tailor our legal approach to your case accordingly.
Speak to a Plano spousal maintenance attorney in a confidential consultation by submitting your details on our contact form or by calling (972) 843-7158.
Who Qualifies for Spousal Maintenance in Texas?
In many other states, courts will award spousal maintenance in a variety of situations when a disparity in income or assets exists between spouses. However, in Texas, the eligibility standards for maintenance are extremely high.
If you hope to receive spousal support, you will need to demonstrate to the court that your divorce will leave you without sufficient assets to meet your basic needs, along with at least one of the following:
- Your spouse has committed an act of domestic violence against you or a child of your marriage within two years of filing for divorce or while the divorce is pending.
- You have an incapacitating physical or mental disability that prevents you from earning sufficient income.
- Your marriage lasted at least 10 years, and you are unable to earn sufficient income, perhaps due to a lack of education or work experience.
- You are unable to earn sufficient income because you have custody of a child of your marriage who has a physical or mental disability.
"Brian Bagley is the best family law attorney I have ever worked with. He explained everything to me in terms I could easily understand."
Brian Bagley is the best family law attorney I have ever worked with. From our first online meeting, he explained everything ...Ken H.
"Very professional, very attentive, and really cared about my well being... this is a top-notch firm."
Brian Bagley and Kristin Tinker were outstanding to work with from day one! Very professional, very attentive, and really ...Former Client
"Brian has been amazing, to say the least. He is very responsive, easy to talk to, strategic, and a rockstar in the courtroom during litigation."
If you're in need of a Rockstar Divorce Attorney, I highly recommend The Law Office of Brian Bagley! I’ve worked with Brian ...Former Client
"If I could give them 10 stars I would, HANDS DOWN!! He came in, took over my case from a previous lawyer, did EXACTLY what he said he would do & got my case closed!!"
If I could give this young man 10 stars I would HANDS DOWN!! He came in, took over my case from a previous lawyer, did ...Faithful A.
"From the first meeting with Brian, he exuded confidence in his knowledge of legal matters. Always very honest, straightforward forward, and clear with his advice and guidance."
From the first meeting with Brian, he exuded confidence in his knowledge of legal matters. Always very honest, ...Jared C.
"Although I didn't get the exact result I was hoping for, I got the results that I needed! Brian and his team were more than helpful to me."
Although I didn't get the exact result I was hoping for, I got the results that I needed! Brian and his team were more than ...Lyndell B.
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I can NOT say enough about this firm!! It took two very long and very stressful years to get my matter complete. Brian ...Carolyn M.
"I had the best experience with Brian and his staff. So professional, and timely and kept me calm as they guided me through the process."
I had the best experience with Brian and his staff at Bagley Law Firm. So professional, and timely and kept me calm as they ...Tina B.
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.