Texas Spousal Maintenance and Alimony Attorneys
Especially in long-term marriages where the wife stayed home to raise children for a period of years, the question of alimony--or spousal maintenance, as it's known under Texas law--is likely to become an issue in your complex divorce case. Whether you stand to receive or pay maintenance to your spouse, contact an experienced and bright Austin, Houston or San Antonio divorce lawyer at Bertolino LLP to learn more about your legal options.
In Texas, the decision to award spousal maintenance to support the more financially dependent of the divorcing spouses is governed by statute. Under state law, there is no right to permanent alimony, and even where the financially dependent spouse can demonstrate a substantial need for support following the divorce, the court does not have the authority to award spousal maintenance for a period beyond three years from the date of the divorce decree. Only parties who have been married for at least ten years are eligible for spousal maintenance or alimony after the divorce is final.
Courts have a great deal more flexibility in determining alimony to be paid while the divorce case is pending. A financially dependent spouse who will not otherwise qualify for maintenance payments after the divorce decree will usually be able to show the need for temporary subsistence support, with the amount awarded based on the degree of need and the other spouse's ability to pay. Contact one of our experienced family law attorneys in Austin, Houston or San Antonio for a consultation on this and other family law matters. Our top notch and talented family law attorneys will fight for you to win.
Temporary alimony awards are highly flexible, and can be negotiated together with such other issues as property division and even child support while the divorce case remains open. Some people find it convenient to pay and receive alimony in a one-time lump sum. Others will find it to their advantage to make a higher spousal support payment in exchange for a greater share of the marital community property, or for indemnification on a greater portion of the marital debt. Any stipulated alimony arrangement should be kept within reasonable limits, however--otherwise, the IRS can later review the paying spouse's payments, and disallow the tax deduction for spousal maintenance as a disguised property settlement. Regardless, our fierce and aggressive family law lawyers in Austin, Houston and San Antonio can help.
Like other aspects of the financial arrangements that must be determined in a divorce case, the strategic considerations behind alimony decisions are highly sensitive to tax liability factors. At Bertolino LLP, our best and brightest family law attorneys in Austin have the sophisticated understanding of the Internal Revenue Code necessary to help you protect the value of the marital estate by taking the tax implications of your options into full account.
Our ability to consider alimony in the full context of the broader divorce settlement can help best expand your negotiating options and identify favorable solutions quickly, whether you'll be paying or receiving spousal maintenance. To learn more about our ability to resolve alimony problems in Texas divorce cases, contact a family law attorneys in Austin, Houston and San Antonio.
Contact a Texas Alimony Lawyer at Bertolino LLP
Bertolino LLP maintains offices in Austin, Houston and San Antonio. To reach an attorney in the Austin office, call 512.476.5757. For the Houston office, call 713.225.7474. You may also contact the firm by e-mail.
