Austin Alimony (Spousal Maintenance) Lawyers
When a marriage ends, one of the most difficult questions is whether one spouse should provide ongoing financial support to the other. In Texas, this type of support is called spousal maintenance, though it is often referred to as alimony. Unlike child support, which is determined by clear guidelines, spousal maintenance is only awarded in limited circumstances and is often one of the most contested issues in a divorce.
At The Law Office of Oprea & Weber, our Austin alimony lawyers help clients in Travis County understand how Texas law approaches spousal maintenance, what courts look for when deciding whether to award it, and how to reach fair resolutions outside of court whenever possible. Whether you are seeking maintenance or defending against an unfair request, having experienced representation is essential to protecting your rights and financial future.
Spousal Maintenance in Texas: The Basics
Texas law makes it clear that spousal maintenance is not automatic. In fact, it is much harder to obtain in Texas than in many other states. Courts may only award maintenance under specific circumstances, such as when:
- The requesting spouse lacks sufficient property to meet their minimum reasonable needs, and
- Certain eligibility requirements are met, such as the marriage lasting at least ten years, one spouse being unable to support themselves due to disability, or one spouse caring for a child with special needs.
Even when eligibility is established, the amount and duration of spousal maintenance are limited by statute. In most cases, the law caps maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is also limited, depending on the length of the marriage and other factors.
Alimony Factors Austin Courts Consider
When a judge in Travis County considers whether to grant spousal maintenance, the decision is based on more than just eligibility. Courts weigh a number of factors designed to ensure that maintenance is awarded only when it is fair and necessary. These include:
- The financial resources of both spouses, including income and property.
- The education, training, and employment skills of each spouse, and the time needed for the spouse requesting maintenance to become self-supporting.
- The duration of the marriage.
- Contributions one spouse made to the other’s education or career.
- Misconduct such as family violence.
Because these factors are discretionary, spousal maintenance is often an area where skilled advocacy can make a significant difference. Our firm helps present the strongest case possible, whether arguing that maintenance is necessary to meet reasonable needs or that it would impose an undue financial burden.
Temporary Spousal Support vs. Post-Divorce Maintenance
Another important distinction is between temporary spousal support and post-divorce maintenance. Temporary support can be ordered while the divorce is pending to ensure that both spouses can meet their immediate financial needs. This is especially common when one spouse has been out of the workforce for many years or when the couple has significant disparities in income.
Once the divorce is finalized, however, the rules for long-term maintenance apply. Courts are generally reluctant to order maintenance unless the statutory requirements are clearly met, and even then, the expectation is often that the receiving spouse will work toward becoming financially independent.
Resolving Spousal Maintenance Outside of Court
Because spousal maintenance can be one of the most hotly contested issues in divorce, it is often in both parties’ best interest to address it through negotiation or mediation rather than leaving the matter entirely up to a judge. At Oprea & Weber, we frequently help clients resolve maintenance questions as part of a larger marital settlement agreement.
For example, spouses may agree to temporary support while the lower-earning spouse retrains for a new career, or they may agree on a lump-sum property division in lieu of ongoing maintenance. These solutions can be more flexible and tailored to the parties’ unique needs than what a court might impose. By negotiating terms directly, couples often reduce conflict, maintain more control over their financial futures, and avoid drawn-out disputes in court.
The Role of Prenuptial and Postnuptial Agreements
One way to prevent future disputes over spousal maintenance is through a prenuptial or postnuptial agreement. Texas law allows couples to make binding agreements regarding spousal support, including whether it will be paid, how much, and for how long. These agreements can be especially valuable when one spouse owns a business, expects a significant inheritance, or is entering the marriage with substantial assets.
At Oprea & Weber, we help couples draft agreements that clearly outline expectations and minimize the risk of future litigation. If a divorce occurs, these agreements provide certainty and reduce the emotional and financial toll of fighting over maintenance in court.
Why Legal Representation Matters
Spousal maintenance cases are complex, not only because of the strict requirements under Texas law but also because of the financial and emotional stakes involved. Without skilled representation, a spouse requesting maintenance may fail to demonstrate eligibility, or a spouse opposing maintenance may find themselves paying more than the law requires.
Our attorneys help clients gather and present financial evidence, work with experts when necessary to analyze earning capacity, and negotiate agreements that balance fairness with financial reality. We also ensure that any agreements reached outside of court are drafted properly so they will be approved by the judge and enforceable in the future.
Common Misconceptions About Alimony in Texas
Many people enter divorce with misconceptions about spousal maintenance. Some assume that one spouse is automatically entitled to alimony simply because they earned less during the marriage. Others believe that adultery or misconduct guarantees spousal support, or that maintenance lasts indefinitely.
In reality, Texas law is far more limited. Maintenance is only available in narrow circumstances, usually for a limited duration, and is designed to provide a bridge toward self-sufficiency rather than permanent support. Clarifying these misconceptions early helps clients approach the process with realistic expectations and make informed decisions.
How Oprea & Weber Can Help
Our firm’s approach to spousal maintenance is rooted in practicality and strategy. We recognize that every family’s circumstances are unique, and we tailor our advice to meet your goals. For spouses seeking maintenance, we work to build a strong case supported by financial evidence and legal arguments. For spouses opposing maintenance, we highlight the statutory limits and advocate for a fair resolution that avoids unnecessary financial hardship.
Beyond courtroom advocacy, we emphasize resolution outside of court. By negotiating balanced agreements, we help our clients reduce conflict, protect their financial stability, and preserve relationships where possible. Whether through mediation, settlement discussions, or carefully prepared court presentations, our focus is on achieving outcomes that allow our clients to move forward with confidence.
Help With Alimony and Spousal Maintenance in Austin
Spousal maintenance is one of the most challenging aspects of divorce, both legally and emotionally. It requires balancing the financial realities of both spouses with the goal of fairness and independence. At The Law Office of Oprea & Weber, we help clients craft a solution that meets their needs, ensuring their rights are protected every step of the way.
If you are facing divorce and have questions about spousal maintenance in Austin, whether you are seeking support or concerned about paying it, The Law Office of Oprea & Weber is here to provide guidance and advocacy. Our goal is to help you achieve a fair resolution that allows you to build a secure future beyond divorce. Contact us today.