Spousal Maintenance

Spousal Maintenance

Spousal Maintenance & Divorce Planning in Richmond & Sugar Land, TX

While planning for a divorce, there are many things couples have to be concerned about, including spousal maintenance. However, spousal maintenance is not guaranteed unless the requesting partner qualifies for it. The Van Slyke & Kestler Law Firm can help you determine if you qualify for spousal maintenance. With an office in Richmond and Sugar Land, TX, we’ve helped numerous families throughout Fort Bend County receive the assistance they need to help improve their quality of life.

The Qualifications for Spousal Maintenance

The requesting spouse may be awarded spousal maintenance to be paid after the divorce if the paying spouse has been convicted of or received deferred adjudication for an act of domestic violence, either before or after the divorce, according to Texas state laws. The act of violence must not have been more than two years prior to the divorce filing.

Clear and Specific Language

One can also be ordered to pay spousal maintenance if the requesting spouse cannot provide for his/her “minimum reasonable needs” due to one of the following reasons:

There is a mental or physical disability that prevents the requesting spouse from earning sufficient income
The requesting spouse is the main caregiver of a child from the marriage that is mentally or physically disabled
The marriage lasted at least 10 years

What Determines How Much Maintenance Will Be Awarded?

Once the requesting spouse is deemed eligible for maintenance, the court will examine the situation to determine how much they are entitled to receive and for how long. The court will base its decision based on the following criteria:

The requesting spouse’s age, educational background & employment history
Length of the marriage
Whether or not there was infidelity in the marriage
The requesting spouse’s contributions as a stay-at-home parent and homemaker
Whether or not the requesting spouse has made any efforts to find employment

Duration of Spousal Maintenance

If there was qualifying domestic violence within a marriage that lasted less than 10 years, the paying spouse can be ordered to make spousal maintenance payments for up to five years. The same applies to a paying spouse who was married for at least 10 years.

If the marriage lasted 20 years, spousal maintenance can be ordered for a maximum of seven years. Payments can last for a maximum of 10 years if the paying spouse was married at least 30 years.

You need a highly-qualified family law attorney by your side if you are planning to dissolve your marriage. Turn to the Van Slyke & Kestler Law Firm for expert counsel and legal advice when it comes to divorce planning, child visitation and other family law matters. To ensure the entire process goes as smoothly as possible, contact us today!

 

Spousal Maintenance & Divorce Planning in Wharton, Richmond & Sugar Land, TX

Divorce can be one of the most challenging times in a person’s life—not only emotionally, but financially as well. For many couples, one of the most pressing concerns is spousal maintenance, often referred to as spousal support or alimony. At Van Slyke & Kestler Law Firm, we help clients throughout Richmond, Wharton, Sugar Land, and Fort Bend County, TX understand their rights, determine eligibility, and pursue fair outcomes in spousal maintenance cases.

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Whether you are the spouse seeking support or the one who may be required to pay it, our alimony lawyers provide clear guidance, strategic advocacy, and compassionate representation every step of the way.

Understanding Spousal Maintenance in Texas

Spousal maintenance in Texas is not automatically granted in every divorce. Unlike some other states, Texas law sets strict eligibility requirements. A lawyer for spousal support can help you determine whether you meet these criteria and, if so, present a strong case to the court on your behalf.

Under Texas law, the court may award spousal maintenance only if the requesting spouse meets specific conditions. These include situations involving domestic violence, long-term marriages, disability, or the need to care for a disabled child.

Qualifications for Spousal Maintenance

You may be eligible for spousal maintenance if:

https://vanslyke-law.com/spousal-maintenance/Domestic Violence Conviction

The paying spouse has been convicted of, or received deferred adjudication for, an act of family violence against the requesting spouse or the couple’s child within two years before filing for divorce or during the divorce proceedings.

Inability to Meet Minimum Reasonable Needs
The requesting spouse cannot provide for their basic needs due to:
A mental or physical disability that prevents them from earning sufficient income.

Being the primary caregiver of a child from the marriage who has a mental or physical disability, making outside employment impractical.

A marriage that lasted 10 years or longer, where the requesting spouse lacks the earning ability to meet their needs despite reasonable efforts to find work.

Our spousal support attorneys can evaluate your unique circumstances to determine whether you may qualify and help you prepare the necessary evidence to present to the court.

How the Court Determines the Amount of Spousal Maintenance

Once eligibility is established, the court will decide how much maintenance should be awarded and for how long. This decision is based on a variety of factors, including:

The requesting spouse’s age, education, and employment history.
Length of the marriage.
Any evidence of marital misconduct, such as infidelity.
The requesting spouse’s contributions as a homemaker or stay-at-home parent.
Efforts the requesting spouse has made to secure employment or job training.
Financial resources available to each party after the divorce, including property division.

Our alimony attorneys understand how to present these factors effectively to secure the most favorable outcome for our clients, whether they are seeking or contesting maintenance.

Duration of Spousal Maintenance in Texas

Texas law places limits on how long spousal maintenance can last. The maximum duration depends on the length of the marriage and the circumstances that led to the award:

Up to 5 years:

If the marriage lasted less than 10 years but there was a qualifying domestic violence conviction.
If the marriage lasted at least 10 years but less than 20 years.

Up to 7 years:

If the marriage lasted at least 20 years but less than 30 years.

Up to 10 years:

If the marriage lasted 30 years or more.

In cases involving a spouse or child with a disabling condition, the court may order maintenance for an indefinite period, as long as the need continues.

Modifying or Terminating Spousal Maintenance

Life circumstances can change significantly after a divorce. Texas law allows for the modification or termination of a spousal maintenance order if there is a material and substantial change in circumstances.

Common reasons to seek modification include:

The paying spouse experiences a significant loss of income.
The receiving spouse becomes financially self-sufficient.
The receiving spouse remarries or cohabitates in a romantic relationship.

If you need to change or end a maintenance order, our lawyers for spousal support can help you file the appropriate motions, present evidence, and protect your interests.

How We Help Clients in Spousal Maintenance Cases

At Van Slyke & Kestler Law Firm, our approach to spousal maintenance cases is rooted in both legal knowledge and strategic planning. We:

Explain your rights and obligations clearly, so you know what to expect.
Gather and organize evidence to support your position, such as financial records, employment history, and documentation of caregiving responsibilities.
Negotiate settlements where possible to avoid the cost and stress of litigation.
Advocate in court when necessary to ensure your voice is heard and your interests are protected.

Our alimony attorneys have decades of combined experience handling these cases in Fort Bend County courts, giving us insight into local procedures and judicial expectations.

Spousal Maintenance vs. Property Division

It’s important to understand that spousal maintenance is separate from property division in a divorce. While property division distributes the marital estate between spouses, spousal maintenance is a post-divorce obligation designed to provide ongoing financial assistance.

In some cases, creative solutions during property division negotiations can reduce or eliminate the need for ongoing spousal support. Our spousal support attorneys can advise you on the best strategy based on your goals and financial situation.

The Importance of Skilled Legal Representation

Spousal maintenance can have long-term financial implications for both parties. If you are the requesting spouse, the outcome can significantly affect your ability to maintain stability after divorce. If you are the paying spouse, the order can impact your financial obligations for years to come.

By working with experienced alimony lawyers, you ensure that your case is handled with the attention, strategy, and legal skill it deserves. Attorneys Lester Van Slyke Jr. and Michelle R. Kestler are known for their thorough preparation, persuasive advocacy, and commitment to achieving fair results.

Serving Clients Searching for “Spousal Support Attorneys Near Me”

When you search for spousal support attorneys near me, you want more than just legal knowledge—you want a team that listens, understands, and fights for your best interests. With offices in Richmond, Wharton, and Sugar Land, we make it convenient for clients across Fort Bend County to get the representation they need.

We are committed to providing personalized, results-driven legal services that help you navigate this challenging chapter and prepare for the next stage of your life with confidence.

Contact Van Slyke & Kestler Law Firm Today

If you are facing divorce and need guidance on spousal maintenance, turn to the trusted alimony attorneys at Van Slyke & Kestler Law Firm. We will evaluate your case, explain your options, and develop a strategy to protect your financial future.

Call our office today to schedule a confidential consultation and speak with an experienced lawyer for spousal support in Wharton, Richmond or Sugar Land, TX. Let us help you secure a fair resolution that allows you to move forward with stability and peace of mind.