Houston Alimony Attorneys
Post Divorce Maintenance, Spousal Support and Alimony in Texas
Spousal support (or alimony) solutions are not one-size-fits-all. A judge can order post-divorce spousal support or alimony if a person meets the minimum requirements imposed by the Texas Family Code, but it’s not guaranteed, which is why retaining a skilled divorce attorney in Houston is important. Different approaches are suitable for different situations and there are creative ways to approach each post divorce maintenance case.
At Hendershot, Cannon & Hisey, P.C., our family law attorneys have the resources to deal with any alimony or post-divorce maintenance issue and the litigation experience to take any case to trial. Our family law firm has a proven reputation for handling divorce cases in Houston and throughout Texas with skill, confidence, and compassionate one-on-one representation. Our family law practice is led by Shareholder- Leanna Cannon who is Board Certified in Family Law by the Texas Board of Legal Specialization. Board Certification is a mark of excellence and a distinguishing accomplishment.
What Are My Options for Spousal Support?
When a marriage ends, there is more than one way to create responsibilities for support:
- Alimony or Spousal Support: Alimony is an additional payment one spouse makes to the other spouse (not part of the division of property or child support). In Texas, alimony is still considered “need base.” As a result, alimony is not guaranteed and the amount paid should not exceed the amount needed. Our family law firm knows what the courts will consider when determining spousal support and the considerations that go into the amount of support and time-span.
- Temporary Spousal Support: A spouse can get a court order directing the other spouse to make spousal payments until the divorce is finalized. Whether you are seeking such support or faced with having to pay it, we can protect your right to be treated fairly throughout the process.
- Contractual Alimony: Couples can agree to support payments based on contract law, rather than the Texas family code. Our firm is adept at working out these agreements in appropriate cases, such as in marriages of short duration that do not qualify for alimony.
- Lump Sum payment: Rather than periodic payments spouses may agree to a lump sum payment of post-divorce maintenance.
Factors That Can Affect Spousal Support Negotiations or Awards
In 2011, the Texas Legislature significantly broadened the maximum possible duration and amount of post-divorce maintenance. But many factors besides duration of the marriage affect negotiations between the parties and judges' rulings on alimony or support payments.
- Some of these factors include:
- Marital Misconduct - Adultery, domestic violence, or financial wrongdoing can negatively affect a spouse's position.
- Contribution as a Homemaker - If one spouse sacrificed career to take care of the kids, the case for spousal support becomes stronger.
- Employability & Vocational Skills - If a spouse in a long-term marriage has been out of the workforce for a long time, they may seek support payments to maintain a reasonable standard of living.
- Separate Property - If the spouse seeking support has a lot of separate property, the case for support is weaker.
- Property Division - Judges do tend to consider how much money or property someone is getting from the overall property settlement when considering a spousal support amount.
Alimony Lawyers for Professionals & Business Owners
Our firm's business experience is of special value when approaching many high-asset cases. We are very familiar with considerations such as the valuation of shares in a business or professional practice and the tax deductibility of contractual alimony. If contractual alimony is the best way to resolve your case, we can help you determine whether it is best structured as a lump sum or in periodic payments.Ready to get started? The best way to help yourself is to provide detailed information about your case. We will follow up with questions to determine what is needed to act most effectively on your behalf.
Talk with an experienced divorce lawyer in Houston during a confidential consultation. To reach us, call (713) 909-7323 or contact us online.