Frisco Spousal Maintenance Attorneys

At OWLawyers®, our Frisco spousal maintenance attorney take pride in providing detailed analysis and tailored advice that addresses the unique factors affecting support arrangements in North Texas. Whether you are seeking temporary assistance or longer-term maintenance, our team will work closely with you to assess your needs, gather compelling evidence, and present your case to the court. We consider factors such as Frisco ISD-related child expenses, housing market trends, and access to employment in the local economy. By offering clear, personalized guidance and consistent communication, we ensure you have the resources and knowledge to confidently pursue the best possible outcome for your spousal support case.

How Does Spousal Maintenance Work in Texas?

Spousal maintenance is a financial award granted by the court in some Texas divorces. It's designed to provide temporary or long-term financial support to a spouse who needs help maintaining their minimum reasonable needs after the marriage ends.

Qualifying for Spousal Maintenance

Qualifying for spousal maintenance in Texas requires meeting specific statutory criteria. First and foremost, you must show the court that, even after the division of marital property and accounting for your earning ability and separate property, you are unable to meet your minimum reasonable needs.

Next, you'll need to establish one of the following grounds for spousal maintenance:

• Length of Marriage: Texas law generally requires that the marriage lasted at least 10 years for spousal maintenance to be considered. The length of the marriage also impacts the potential duration of any award. Marriages of 10-20 years may qualify for up to 5 years of support, 20-30 years for up to 7 years, and over 30 years for up to 10 years.
• Physical or Mental Disability: If a physical or mental condition prevents you from working or earning sufficient income, you may qualify for spousal maintenance regardless of the length of the marriage.
• Fault in the Divorce: In certain cases of fault-based divorce, such as those involving adultery or cruelty, the court may consider the financial resources of the at-fault spouse when determining spousal maintenance awards.
• Compelling Impediment: Even in marriages under 10 years, a court may grant spousal maintenance if there is a compelling reason the spouse cannot support themselves, such as caring for young children, lack of education or job training, or recovery from domestic violence.

Determining the Amount & Duration of Spousal Maintenance in TX

There is no fixed formula for calculating spousal maintenance in Texas divorce cases. 

Courts consider a range of important factors, including:

• The income and earning capacity of both spouses.
• The duration of the marriage.
• The needs of the spouse seeking maintenance.
• The separate property available to each spouse.
• The health status of both spouses.
• The education and training of each spouse.
• Child custody arrangements, if applicable.

Judges in Frisco and Collin and Denton Counties review the unique aspects of each case to ensure any maintenance award aligns with local economic realities and the best interests of both parties. This can involve examining salaries, income documentation, property values in Frisco, and access to health care or educational opportunities.

Spousal Maintenance Limitations in Texas

Texas law places limitations on spousal maintenance awards:

• Maximum Duration: As outlined earlier, the maximum duration for spousal maintenance is directly tied to the length of the marriage.
• Maximum Amount: In Texas, spousal maintenance cannot exceed the lesser of $5,000 per month or 20 percent of the paying spouse's gross monthly income.
• Modifiable Orders: Spousal maintenance may be modified in the event of significant changes in circumstances, such as changes in income or if the spouse receiving support remarries.

Navigating the Spousal Maintenance Process in Frisco 

The process for obtaining spousal maintenance in Frisco starts with filing a formal application in either the Collin or Denton County family court, as dictated by jurisdiction. Frisco-area courts require thorough financial disclosures, including income statements, monthly expenses, and corroborating evidence like employment records or letters of support. These documents enable the judge to fairly assess your financial needs and your spouse’s capacity to pay. At OWLawyers®, our spousal maintenance attorneys guide clients through this process by gathering key evidence and ensuring all filings meet the high standards and deadlines imposed by local courts.

Frequently Asked Questions

Can spousal maintenance be changed after the initial court order in Frisco?

Yes, a spousal maintenance order in Texas may be modified if there is a significant change in circumstances for either spouse. This can include substantial income changes, job loss, health concerns, or if the recipient remarries or cohabitates with a new partner. To request a modification, you must file the appropriate petition with the court and provide clear evidence to justify your request. 

Our spousal maintenance attorneys in Frisco regularly assist clients with modification requests, ensuring petitions are complete, supporting documentation is organized, and the best possible argument is made to the judge. Timely and strategic representation can help ensure your support order remains fair and appropriate under current conditions.

What happens if my ex-spouse fails to pay ordered spousal maintenance in Frisco?

If your former spouse does not comply with a spousal maintenance order in Frisco, you have several legal options to seek enforcement. The family courts in Collin and Denton Counties have robust mechanisms for enforcement, including wage garnishment, contempt of court findings, and, in some cases, property liens or other court-ordered remedies. 

To pursue enforcement, you will need to document all missed payments and file a motion with the court. Our team at OWLawyers® is dedicated to guiding you through each step of enforcement to secure the financial support you are entitled to receive.

Schedule an Initial Consultation with Our Spousal Maintenance Attorneys in Frisco, TX

Spousal maintenance is often one of the most complex aspects of Texas divorce. The seasoned family law attorneys at OWLawyers® are prepared to guide you through the spousal maintenance process, from initial eligibility assessment to advocating for a fair and sustainable support order as part of your divorce settlement.