Dallas Spousal Maintenance Attorneys

After property is divided in a divorce, it’s possible that the court may decide one spouse needs ongoing financial help. Whether one spouse makes significantly less money than the other, has limited earning potential or opportunity for growth, or even whether one spouse treated the other especially poorly can all impact the court’s decision.

At Garza Law Firm, we know such issues can be multi-faceted. For years, we’ve helped clients just like you make their side of the case known in court. Whether you are in need of support or you believe you may be ordered to pay an amount that is unfair, we can provide the legal resources you need for your case.

Reach our Dallas spousal maintenance lawyers at (214) 225-4344. We offer complimentary initial consultations.

Duration of Spousal Support

In addition to determining the amount one spouse must pay the other for support, the court also decides how long the support will be paid. The court relies on guidelines based on the length of the marriage.

The guidelines are as follows:

• If a marriage lasted between 10 and 20 years (or if one spouse has a recent record of family violence against the other), support may be awarded for up to 5 years.
• If a marriage lasted between 20 and 30 years, support may be awarded for up to 7 years.
• If a marriage lasted 30 years or more, support may be awarded for up to 10 years.

If a spouse or a child the spouse cares for is disabled, it’s possible for support to be awarded indefinitely unless the receiving spouse’s earning power increases enough to support their minimum needs. It’s also possible that spouses may agree to a maintenance schedule for some other time period than the ones listed above.

If you have questions about spousal maintenance or any other aspect of your divorce, contact our Dallas spousal maintenance attorneys. We can help you understand your options and prepare you case.

Can Spousal Maintenance Be Modified?

In Texas, spousal maintenance can be modified under certain circumstances, but the process is not automatic. If you're paying or receiving spousal maintenance, it’s important to understand when and how these payments can be altered.

Modification of spousal maintenance typically occurs when there is a significant change in circumstances that affects the ability to pay or the need for support. Common reasons for modification include a substantial change in income, job loss, a serious health issue, or a change in the financial situation of either spouse. For example, if the paying spouse experiences a job loss or significant reduction in income, they may seek to have their maintenance obligation reduced. Conversely, if the receiving spouse’s financial needs increase due to unforeseen circumstances, they might request an increase in the maintenance amount.

To modify spousal maintenance, the spouse seeking the change must file a petition with the court. It’s essential to provide evidence of the changed circumstances to support the request. The court will review the petition and determine whether the modification is justified. It’s important to note that the court will not modify spousal maintenance retroactively. This means that any changes to the payments will only apply going forward from the date the petition was filed, not from the date the circumstances changed.

If you and your former spouse agree on a modification, you can submit an agreed order to the court for approval. However, even with mutual agreement, court approval is necessary to make the modification legally binding.

Because modifying spousal maintenance involves complex legal and financial considerations, it is advisable to consult with a knowledgeable Dallas spousal maintenance lawyer who can guide you through the process and advocate for your best interests.

Call (214) 225-4344or contact us online to speak to our attorneys about your case.