The Stout Law Firm

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Houston, Texas - June 15th, 2025 – Divorce is hard and navigating the intricacies of spousal maintenance, also known as spousal support or alimony, can be one of the most emotionally and financially complex aspects of divorce. The Stout Law Firm, PLLC, a trusted family law firm in Houston, provides clients with the legal expertise and support needed to address these challenges and protect their interests throughout the process.

At The Stout Law Firm, PLLC, clients benefit from the guidance of attorneys who specialize in family law and have an in-depth understanding of the Texas Family Code and relevant case law, including the laws regarding spousal maintenance. Whether a client is seeking spousal maintenance or being asked to provide it, the firm is committed to offering personalized legal advice tailored to each unique situation.

What Is Spousal Maintenance?

Spousal maintenance, commonly referred to as spousal support or alimony, is financial support paid by one spouse to the other after a divorce. Generally, in Texas, it’s designed to be short-term, with the length of the marriage being one of several factors used to determine if a spouse qualifies for spousal maintenance.

Spousal maintenance differs from child support and the division of assets and liabilities. Its primary purpose is to help the lower-earning or financially disadvantaged spouse maintain the standard of living necessary to support their minimum reasonable needs, which is not necessarily their standard of living pre-divorce.

How Is Eligibility for Spousal Maintenance Determined?

In Texas, eligibility for spousal maintenance is not automatic. First, a person must be legally married. Further, a spouse may only receive spousal support if, upon divorce, they will lack sufficient property, including separate property, to provide for their “minimum reasonable needs” and:

●       The couple’s marriage lasted ten years or longer, and the recipient spouse is unable to meet their minimum reasonable needs;

●       The paying spouse has a conviction for family violence against the other spouse or their child within two years of filing for divorce or while the divorce was pending;

●       The requesting spouse is unable to earn sufficient income for their minimum reasonable needs due to an incapacitating physical or mental disability; or

●       The requesting spouse is responsible for a child from the marriage of any age who requires significant care or supervision due to a physical or mental disability that prevents the spouse from earning a sufficient income to provide for the spouse’s minimum reasonable needs.

The determination of whether a spouse can provide for their “minimum reasonable needs” is fact-specific and individualized to each case. The term is not defined in the Texas Family Code. If a spouse qualifies for spousal maintenance, several factors outlined in the Texas Family Code will be considered by the court to determine the nature, amount, duration, and manner of spousal maintenance payments.

Spousal maintenance can be ordered by the court or agreed to by the parties. Reaching an agreement on spousal maintenance often involves careful negotiation. The attorneys at the Stout Law Firm, PLLC are adept at negotiating fair agreements while protecting their clients’ interests. When negotiations fail, the attorneys at The Stout Law Firm, PLLC are prepared to advocate aggressively in court, and present a strong and compelling case on behalf of their clients.

Proper documentation is critical in spousal maintenance cases. The Stout Law Firm, PLLC assists clients in collecting and analyzing the necessary evidence to demonstrate whether a spouse is eligible for spousal maintenance and to determine the nature, amount, and duration of spousal maintenance payments. This comprehensive preparation helps strengthen a case involving spousal maintenance, whether during negotiation or litigation.

Whether you are seeking spousal support or being asked to provide it, The Stout Law Firm, PLLC is here to ensure that your voice is heard and your financial future is protected. With a proven track record in family law and a reputation for client-focused service, the attorneys at The Stout Law Firm, PLLC are a trusted resource for individuals navigating divorce in Houston and surrounding areas.

In addition to serving Houston, The Stout Law Firm proudly represents clients throughout Texas, including in Sugar Land, Pearland, Spring, Fort Bend County, League City, Montgomery County, Galveston County, Harris County, Waller County, Lavaca County, Fayette County, Colorado County, Jackson County, Victoria County, Dewitt County, Gonzales County, as well as many other nearby communities.