Spousal Maintenance & Alimony

Austin Area Alimony Attorneys

In Texas, alimony or"spousal support" is called"spousal maintenance." Texas has one of the most restrictive spousal maintenance statutes in the nation. According to the Texas Family Code, a court can only award spousal maintenance if (1) the spouse form whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence and the act occurred during the divorce or within two years before the filing of the divorce or (2) the duration of the marriage was 10 years or longer, and the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse in the division of the marital estate, to porived for that spouses' minimum reasonable needs and the spouse seeking maintenance in unable to support himself because of an incapacitating disability, is the custodian of a child who requires substantial care because of a physical or mental disability, or the spouse clearly lacks the earning ability to provide for that spouse's minimal reasonable needs. Tex. Fam. Code. 8.051.

Even if a spouse does qualify for spousal maintenance, the court cannot order maintenance for more than three years after the divorce and cannot order more than the lesser of $2,500 per month or 20 percent of the spouse's average monthly income. Tex. Fam. Code 8.054-8.055. However, the Texas Legislature has recently amended the provisions for spousal maintenance and increased a court’s ability to award spousal maintenance. For divorces filed after September 1, 2011, the court will be able to make an award of maintenance for five years in situations in which the marriage was less than 10 years in cases in which there has been a conviction or deferred adjudication for family violence or in situations in which the marriage was more than 10 years but less than 20. The court will be able to award maintenance seven years for spouses who were married for at least 20 years but not more than 30 years, and the court will be able to award maintenance for a period of 10 years if spouses were married for 30 years or more. The cap on the amount the award can be will also be increased, and the court will have the ability to order up to the lesser of $5,000 per month or 20 percent of the spouse’s average monthly income.

Piper & Turner, PLLC often handles divorces in which large amounts of spousal maintenance is an issue. We have successfully represented spouses seeking large awards of spousal maintenance and spouses seeking to combat large awards of spousal maintenance. An award or denial of spousal maintenance can have severe financial impact on both spouses. It is important that you have attorneys who have the experience and knowledge necessary to sway a court in your favor.

Attorney James W. Piper is a Board Certified family law attorney who has been serving families throughout Texas for more than 36 years. Mr. Piper has been named a Super Lawyer by Texas Monthly Magazine, is an AV rated attorney by Martindale-Hubbell, is listed in Bar Register of Preeminent Lawyers, is a member of the Texas Academy of Family Law Specialists and is widely considered one of the most well respected family law attorneys in Central Texas. Mr. Piper's partner, Travis L. Turner, also a Board Certified family law attorney, has been named a Rising Star by Texas Monthly Magazine and is a member of the Texas Academy of Family Law Specialists. Mr. Turner, with his extensive litigation and courtroom experience, has rapidly become known as one of the most prominent young family law attorneys in the Austin area. Both Mr. Piper and Mr. Turner, along with the attorneys of Piper & Turner, PLLC, form a unique and unmatched team of lawyers with the talent and experience needed to gain success for our clients both inside and outside of the courtroom.

Contact our office to schedule an opportunity to meet with one of our experienced attorneys about your divorce. Based on our experience, we can clearly explain how Central Texas family courts are likely to view your situation and we will guide you through the entire process. Our lawyers pride themselves on offering our clients honest and realistic assessments about their cases while zealously advocating for the needs of each individual client. Let us help you get the peace of mind about your divorce.

Contact us at Piper & Turner, PLLC to learn more about how we can help you weather the storm.