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Alimony/Spousal Maintenance

Houston Alimony Attorney

Experieced Spousal Support Lawyer Serving Harris County, TX

Despite changes over the years that expand who can qualify for spousal maintenance in Texas, alimony remains difficult to obtain and is often only available for a short time. If you are in the middle of a divorce or considering divorcing your spouse, you should seek guidance from an experienced alimony attorney in Houston to give your case the best chance of success.

Our firm is ready to take on your fight. Contact our office online or call (281) 612-5443 for a consultation with a trusted Houston spousal support lawyer!

Why Choose Cynthia Tracy, Attorney at Law, P.C.?

When you need a committed spousal support attorney to fight for your best interests, look no further than Cynthia Tracy. With more than 30 years of experience handling family law cases in Texas, she is also one of very few attorneys in the state who can legally call themselves family law experts*.

Here's why clients love working with us:

  • *Attorney Tracy is Board-Certified in Family Law by The Texas Board of Legal Specialization
  • All client communication receives a response within 24-48 hours
  • Over three decades of empathetic and understanding family law representation

Clients in Harris County and throughout the Houston metro area value our deep knowledge of Texas family law. We have experience guiding cases through the local family courts and understand regional requirements and the unique procedures of the Houston legal system. Attorney Tracy draws on her background with the Texas Attorney General’s Office, providing reliable guidance throughout alimony and spousal support matters. Our team listens to your goals and works with you step by step to pursue fair and realistic outcomes during what can be a challenging transition.Get to know Attorney Tracy

How Does a Judge Determine Alimony in Houston?

Alimony decisions in Texas mainly depend on how much each spouse earns. If a spouse intentionally chooses to work at a job that pays less than their reasonable earning potential, the judge will determine alimony based on what they could realistically earn. Trying to avoid alimony by taking a lower-paying job often has negative consequences in court.

Texas courts review the details of each divorce carefully, giving attention to factors unique to Houston families. In addition to reviewing financial records, judges examine circumstances that affect a spouse’s earning ability and consider if special needs exist due to healthcare expenses or dependents. Harris County courts watch for genuine efforts by both spouses to secure employment or increase income and can adjust spousal support awards based on this information. Understanding these local practices helps us develop a clear strategy tailored to your situation.

Here are some additional factors a judge will consider when determining alimony:

  • The standard of living maintained during the marriage
  • The duration of the marriage
  • Each spouse’s assets, income, and financial obligations
  • How property is divided
  • The age and health of each spouse
  • The needs of their children and if child-related responsibilities may prevent a spouse’s ability to return to work
  • If the receiving spouse left the workforce to care for the children
  • The possibility that a spouse will obtain assets in the future through an inheritance or matured stock options
  • Any other factors a judge believes are essential to making this decision

Texas law recognizes several types of spousal support, including court-ordered maintenance and contractual alimony, each with distinct eligibility requirements. For example, some spouses may qualify for temporary support during the divorce process, while others may receive payments for a limited time after the divorce is finalized. The duration of these payments depends on factors such as the length of the marriage and the long-term needs of each party. Understanding which form of support may apply and how local rules influence your options is crucial.

Understanding Types of Spousal Support in Texas

Texas law provides several categories of spousal support that may fit your circumstances. Most often, the court can award court-ordered maintenance if a spouse cannot meet basic reasonable needs after divorce. In some cases, parties negotiate contractual alimony as part of their settlement, creating a private agreement that can offer more flexibility than court-ordered support. Temporary spousal support may also be awarded during the divorce process to help provide financial stability for both parties.

The support type available usually depends on the length of your marriage, your work and earning history, and any history of family violence. For example, Texas law may limit the amount and length of maintenance if the marriage lasted fewer than ten years or if the recipient is likely to achieve financial independence. Understanding these differences allows you to consider what to expect if you seek or may be ordered to pay spousal support in Harris County or elsewhere in Houston. A family law attorney with a deep understanding of Texas rules can help ensure your case receives a detailed review and a strategy that accounts for these local nuances.

Frequently Asked Questions

How long does spousal support usually last in Texas?

The duration of support depends on the length of your marriage and the circumstances of your divorce. Courts generally limit spousal maintenance to a specific period, which may range from a few years to, in rare cases, longer. Most awards are temporary, and lifelong support orders are uncommon.

What factors can change the amount of spousal support I pay or receive?

Courts consider major changes in either party’s income, employment status, or health. When a spouse loses a job involuntarily or faces a serious illness, the court may evaluate whether to modify support. Courts do not typically lower the amount if someone chooses to reduce their income on purpose.

Will spousal support affect my taxes in Texas?

For divorces finalized after 2018, spousal maintenance payments are not tax-deductible for the payer and are not taxable income for the recipient under federal law. This change affects many people in Houston and Harris County who complete divorce agreements today.

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    “The staff, including another attorney working my case was very attentive and worked to explain matters in detail. I was very satisfied and happy to have hired them.  There is an old adage that you get what you pay for and when it comes to hiring the best, ”
    - Ulises

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  • Consistently Responds to Our Clients Within 24-48 Hours
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