Dallas Alimony Lawyer

At Garza Law Firm, LLLP, our Dallas alimony and spousal support attorneys are experienced in providing personalized legal counsel to individuals and families in Dallas, Richardson, and surrounding areas of Texas. We understand that the process of obtaining alimony or spousal support can be a difficult and emotional experience. Our family attorneys are dedicated to providing the highest level of service and representation to our clients. 

Need help with alimony in Texas? Our experienced Dallas alimony lawyers are ready to guide you through the process. Contact us today at (214) 225-4344 for a consultation.

What Is Alimony?

Alimony, also known as spousal support, is a court-ordered payment from one spouse to the other. This payment is intended to help the receiving spouse maintain a similar lifestyle that was enjoyed during the marriage. Alimony is typically awarded when one spouse has been dependent on the other for financial support during the marriage.

Types of Alimony in Texas

In Texas, there are two different types of spousal support: contractual alimony and spousal maintenance. The differences between the two are as follows:

• Contractual Alimony: Spouses can agree on alimony terms as part of their divorce settlement. The agreement is often detailed in the divorce decree, and the court will enforce the terms.
• Spousal Maintenance Ordered by the Court: If the court determines that a spouse is qualified for spousal maintenance based on specific factors, it may order maintenance payments. Texas Family Code Section 8.001 outlines the factors the court considers, including the recipient's ability to meet their minimum reasonable needs, the ability of the paying spouse to pay maintenance, and other relevant factors.

It's important to note that alimony is not guaranteed in every divorce case, and the amount and duration can vary based on the circumstances of each case. The court will consider elements such as the length of the marriage, the financial resources of each spouse, the education and employment skills of the spouse seeking maintenance, and any acts of domestic violence among other factors.

Eligibility for Alimony in Texas

Not everyone qualifies for alimony in Texas. The court carefully evaluates several factors before deciding whether spousal support should be awarded.

Key Factors Courts Consider:

• The financial needs of the spouse requesting support
• The ability of the paying spouse to provide support
• Whether one spouse sacrificed career opportunities to support the other
• Any history of domestic violence or abuse within the last two years

Impact of Marriage Length:

• Texas law typically requires a marriage to have lasted at least 10 years for a spouse to qualify for court-ordered alimony.
• Shorter marriages may still qualify if the requesting spouse has a disability or was a victim of domestic violence.

Special Circumstances That May Increase Eligibility:

• A spouse with a physical or mental disability that prevents them from working
• The custodial parent of a child with special needs requiring full-time care
• A spouse who lacks the education or job skills needed for self-sufficiency

How Courts Calculate Alimony in Texas

The amount and duration of spousal support depend on multiple financial and personal factors.

Factors That Affect Alimony Payments:

• The length of the marriage
• Each spouse’s income and earning capacity
• Contributions made by one spouse to the other’s education or career
• The lifestyle maintained during the marriage

Income Considerations and Financial Disparities:

• Courts look at both spouses' income, assets, and debts.
• If one spouse earns significantly more than the other, alimony may be granted to balance financial fairness.

Health, Age, and Employability:

• Older spouses or those with health issues may have a harder time becoming financially independent.
• Courts consider whether a spouse can realistically find employment to meet their needs.

Modifying or Terminating Alimony Payments

Alimony is not always permanent and may change based on life circumstances.

When Can Alimony Be Modified?

• If the financial situation of either spouse changes significantly
• If the recipient spouse finds stable employment or gains financial independence

How Remarriage or Cohabitation Affects Support:

• If the recipient remarries, alimony automatically ends in most cases.
• If they move in with a new partner and share living expenses, the paying spouse may request a reduction or termination.

How to Request a Modification or Termination:

• File a petition with the court explaining the change in circumstances.
• Provide evidence, such as financial records or proof of cohabitation.
• Attend a court hearing, where a judge will review the request.

Why Hire Garza Law Firm, LLLP

Our Dallas alimony lawyers are experienced in representing clients in alimony and spousal support cases. We are dedicated to providing personalized legal counsel to individuals and families in Richardson and surrounding areas of Texas. We understand that the process of obtaining alimony or spousal support can be a difficult and emotional experience. Our attorneys are committed to providing the highest level of service and representation to our clients.

Frequently Asked Questions About Alimony in Texas

Is alimony automatically awarded in a Texas divorce?

• No, alimony is not automatic. The spouse requesting support must prove they need financial assistance and meet the legal qualifications under Texas law.

Can alimony be paid in a lump sum instead of monthly payments?

• Yes, in some cases, spouses agree to a lump-sum payment instead of ongoing support. This can be beneficial to both parties, allowing for a clean financial break.

How long does alimony last in Texas?

The duration depends on the length of the marriage:

• 10–20 years: Up to 5 years of alimony
• 20–30 years: Up to 7 years
• 30+ years: Up to 10 years
  However, if the recipient has a disability or is caring for a special needs child, payments may last longer.

Can alimony be included in a prenuptial agreement?

• Yes, spouses can agree on alimony terms in a prenuptial or postnuptial agreement. Courts typically honor these agreements unless they are found to be unfair or one-sided. However, child support cannot be waived or predetermined in a prenuptial agreement, as it is a right of the child and must be determined based on the child's best interests at the time of the divorce.

What happens if my ex refuses to pay court-ordered alimony?

• If your ex stops making payments, you can take legal action to enforce the order. This may include wage garnishment, bank account levies, or even contempt of court charges.

Do I have to pay taxes on alimony?

• Under current federal tax laws, alimony payments are not tax-deductible for the payer and are not taxable income for the recipient (for divorces finalized after 2018). However, older agreements may still be subject to previous tax rules.

Can a stay-at-home parent qualify for alimony?

• Yes, if a spouse left their career to raise children, they might be eligible for support, especially if they lack the skills or experience to re-enter the workforce immediately.

Get Experienced Alimony Support in Dallas – Contact Us

If you are seeking alimony or spousal maintenance, contact our experienced Dallas and Richardson alimony and spousal support attorneys at Garza Law Firm, LLLP today. Our attorneys are dedicated to providing personalized, effective legal counsel to our clients. We strive to ensure that our clients receive the alimony or spousal support to which they are entitled. 

Protect your financial future. If you need legal support for alimony or spousal maintenance, contact us now at (214) 225-4344 to discuss your options.