Compassionate Alimony Lawyer in New Braunfels

Helping Clients Finalize Important Family Law Matters

Few family law cases are as complex as divorces in Texas. While it’s true that some couples experience an uncontested divorce, where every matter is resolved in mutual agreement, the truth is that these cases are rare. There is almost always some matter that comes under dispute in a New Braunfels, TX divorce, whether that be child custody, child support, or division of property.

One matter that is often contested is whether one spouse is eligible for spousal maintenance, also commonly known as alimony. Although we technically don’t have alimony under Texas law, alimony is a term that more people understand which loosely describes spousal maintenance. Individuals facing these decisions may wonder what they or their spouse are legally entitled to. Information on the internet or from friends may be confusing because it doesn’t represent Texas law, it was done by agreement, or the laws have changed since it was done. Texas was the last of the 50 states to permit anything similar to alimony and it is generally only a last resort, not favored by Texas courts. It is difficult but not impossible to get under the right fact situation. Getting legal representation in your unique matter can make all the difference for your financial situation now and in the future. If you are the spouse seeking alimony, it requires specific proof and passionate arguments as most judges prefer not to award it. If you are the spouse opposing alimony, we can help you stand your ground confidently. A skilled New Braunfels divorce attorney like those at our law firm can be an excellent resource as you face these difficult decisions.

Attorney Laura Heard and her South TX Family Law team are ready to help you understand your rights and responsibilities throughout the divorce process. With over five decades of combined experience, we are committed to protecting your legal rights and working toward a final divorce decree that supports your financial well-being. Please contact us immediately at 210-775-0353 to learn how we can help with alimony, child support, and other family law matters.

What Is Texas Law Regarding Alimony?

While many couples include alimony in their divorce settlement, spousal support payments are not required, nor favored, under Texas law. However, Texas laws do impact how much spouses may pay in alimony, with limits on the amount that can be awarded and strict rules about the proof required to obtain it, eligibility and limited time frames. Alimony is also limited to a certain duration based on the length of the marriage.

For example, with limited exceptions, alimony in Texas is governed as follows:

Couples who were married for between 10-20 years may result in alimony payments of no more than five years
Couples who were married for between 20-30 years may have alimony payments that last no longer than seven years
Couples who were married for more than 30 years may arrange for alimony payments of no more than 10 years

For help understanding your rights and getting the best chance at favorable results, please consider talking to an experienced divorce attorney. Your attorney can help gather evidence to prove that you deserve alimony payments if you are a receiving spouse. Paying spouses can also benefit from legal representation to protect them from unfair alimony settlements and to seek termination of the payments later.

If you need help providing for yourself financially because you aren’t ready to enter the workforce after a divorce, you may be eligible for spousal maintenance, which the court can order in certain circumstances. Call our New Braunfels divorce lawyer immediately to learn more about how we can help with this and other family law matters.

What Options Do I Have in My Alimony Case?

When a couple divorces, one major question that can arise is how the non-working spouse will provide for themselves. Unlike child support, which is court-ordered and governed by law, alimony payments are not usually treated as critical in the Texas court system. However, individuals who cannot work due to illness or lack of education may receive temporary or permanent spousal maintenance in certain cases. In Texas, the purpose of alimony is not to equalize income or compensate the receiving spouse, but is merely to avoid the spouse needing government assistance to survive and to provide a short cushion of time for the spouse to obtain employment. If the spouse seeking support has sufficient separate property or if the division of community property can sustain them, they are not entitled to support.

In Texas, payments to an ex-spouse after a divorce may occur in one of three ways:

Temporary spousal support can be ordered by a court so the receiving spouse can have the funding they need to pay bills and care for themselves while the divorce process is happening. Until the divorce is finalized, there is a duty for the paying spouse to provide for the other spouse’s basic needs and all income is still community property income. You’ll need to pursue a permanent spousal maintenance order if you need help beyond the divorce. Talk to our family law firm immediately to learn how we can help
Spousal maintenance – Spousal maintenance orders can provide for a spouse who needs time to get the education and skills necessary to enter the workforce. In rare cases, these orders can be permanent if a spouse cannot work due to severe physical or mental illness or old age
Contractual alimony – Couples may arrange for alimony depending on their wishes and ability to agree on such matters. For example, a husband may willingly agree to make payments to his ex-wife for a given period and sign a contract promising to follow through on his commitment. These payments could be beneficial for tax purposes historically although not recently. However, please speak with a divorce attorney before agreeing to contractual alimony to ensure your rights are protected and be careful that the court order is worded properly

How Are Alimony and Other Family Law Issues Determined in New Braunfels, TX?

As with most issues in the divorce process, Texas family law permits the divorcing couple to make a decision on their own before bringing the matter before the court. Negotiating terms without court interference has many benefits. For one thing, avoiding the court can save everyone time and money. A court appearance can also be stressful, and most people appreciate avoiding taking a matter before a judge. Finally, coming up with your own terms makes it more likely that the solution will match your unique wishes rather than leaving the issue up to a judge to decide.

While it is preferable to agree on your own after you have consulted with your attorney, getting to an agreement can be difficult. One process that can help many couples find solutions during a divorce is mediation. In mediation, you’ll work with your attorney and your spouse’s attorney and a neutral mediator to make arrangements for spousal maintenance, child custody agreements, division of marital assets, and other important divorce issues. If you don’t wish to see your spouse in person, you can have the attorneys negotiate an agreement without you present in the same room as your spouse.

If negotiating fails to produce a satisfactory conclusion, the matter may need to come before a judge. At South TX Family Law, we are not afraid of taking cases to court and will fight aggressively for your best interests no matter what obstacles arise.

How Can Family Law Attorneys Help with My Alimony Decisions?

Like other legal issues, alimony decisions can impact you for years to come. You deserve excellent legal representation and advice as you pursue a favorable outcome in your divorce. If there are children involved in the divorce, it is even more crucial to hire a divorce attorney to fight for your best interests.

Some ways you can benefit from having experienced attorneys on your side in a family law issue include:

Personalized advice based on decades of legal experience
Passionate representation in negotiations and Texas courts
Assistance from someone who understands the legal system
Emotional support as you confront these emotionally draining legal issues
Help gathering evidence to build your claim and ensure your rights are protected during the division of marital property, child custody disputes, and more
Expertise to know what evidence is needed, what is admissible, and what is persuasive
Peace of mind knowing that someone else is handling the nuances of your divorce proceedings
Expertise to make sure that the final written order accurately conveys the agreement or the judge’s order in a way that is unambiguous and enforceable

At our law firm, we proudly represent clients facing a contested divorce. We can help you find efficient, creative solutions that help you move on with your life. We have spent decades handling divorce cases and will gladly apply that knowledge and skill in your New Braunfels, TX divorce.

Can Alimony Orders Be Modified?

While it’s not easy to change spousal maintenance orders once they’ve been signed or decreed by a judge, modifying them in Texas is not impossible provided that the amount can only go down, never up, and the maintenance cannot be added or increased after the final order is entered. When seeking to modify or enforce a spousal maintenance order, the critical thing to remember is to build your case through powerful evidence. One of the best things you can do for your case is to hire family law attorneys like those at our law firm to back you up and fight for your interests.

Some reasons alimony orders might be changed include:

Severe financial upheaval, such as non-voluntary job loss or income decrease
Dramatic increases in wealth or assets by the receiving spouse
Remarriage or a romantic co-habitation of the receiving spouse
Sudden, severe, or permanent illness or injury of the paying spouse

Our family law attorneys are on hand to help you gather evidence and prove that you deserve updated spousal maintenance orders. We don’t back down in the face of adversity and will stand by your side throughout the process.

If you are a receiving spouse having problems getting your ex to pay, we will also help you take legal action to ensure you get the spousal maintenance that was ordered. Contact our caring, capable legal team immediately for the best chance of a favorable outcome in your spousal maintenance case.

What Other Issues Typically Arise in a Texas Divorce?

A Comal county divorce can bring up a myriad of issues. Often, these matters result in disputes that can drain your resources and put a huge burden on your shoulders. If you have a contested divorce or a military divorce, you may have even more stress during the divorce proceedings. Even if you are going through a no-fault divorce, you should still have a trusted legal representative to help you get the best outcome possible at the New Braunfels courthouse.

Some examples of legal issues that typically arise during a San Antonio or New Braunfels, Texas divorce include:

Child custody – Child custody matters can be extremely difficult to resolve when the parents disagree. You’ll need to resolve such questions as where the child will live, whether the other parent will have visitation rights and whether the parents will share decision-making authority, also known as legal custody
Child support – Child support is so important that a judge typically issues a ruling on these payments in a court of law. The primary conservator is often awarded funding, especially if they earn less than the other parent. However, both parents have the right to a fair ruling
Marital asset division – Determining what items are separate property is crucial in a Texas divorce. While communal property is divided in a fair manner, separate property is considered the property of only one spouse. Our legal team can help you identify communal property in your divorce to help you get a fair division order
Domestic violence – If you are being abused or are accused of abuse, you need an extra level of legal protection. Call the police first, then our law firm immediately for help staying safe and protecting your legal rights
Prenuptial agreements – Prenups play an essential role in divorces. While they don’t guarantee an outcome, they can make it easier to get the law on your side in important divorce decisions

Should You Hire Our Alimony Lawyer in New Braunfels?

If you are facing negotiations or court proceedings regarding your family law issue, please don’t go it alone. Our legal team has been serving New Braunfels and the surrounding areas for decades. We know what it takes to get results in a Texas divorce, including regarding alimony. We can advise you on whether the seeking spouse is eligible for alimony under the law or if there is no chance they will be able to prove that it is needed. We’ll help you deal with the many factors that go into a spousal maintenance order, including providing and presenting evidence to help you get a favorable outcome if possible.

Our team of divorce lawyers is also ready to protect you in child support, child custody, asset division, protective orders, father’s rights, and more. We also have extensive experience with family law, probate law and other matters many Texas families struggle with.

You can trust our helpful, compassionate legal team for excellent advice and representation in this critical matter. Call 210-775-0353 today to learn more about how our law office can help you!