San Antonio Spousal Support Lawyer – Understanding Alimony & Spousal Maintenance in Texas

Spousal support—commonly known as alimony—is often one of the most misunderstood issues in a Texas divorce. Texas has strict laws governing who qualifies for support, how much may be awarded, and how long payments can last.

Whether you are seeking support or defending against an unfair request, the Law Offices of Jesus R. Lopez provides skilled representation in spousal maintenance and alimony cases throughout San Antonio, Bexar County, New Braunfels, Seguin, San Marcos, and surrounding areas.

We work to protect your financial stability and ensure a fair outcome.

⭐ What Is Spousal Support in Texas?

Texas uses the term “spousal maintenance,” which is different from alimony in other states. Spousal maintenance is:

Court-ordered financial support
Paid by one spouse to the other
After separation or divorce
For a limited time
Only if strict eligibility rules are met

Texas courts do not automatically award spousal support. It must be proven.

⭐ Who Qualifies for Spousal Support in Texas?

Under Texas Family Code § 8.051, a spouse may qualify for maintenance if:

✔ The marriage lasted 10 years or longer, and

✔ The spouse seeking support lacks the ability to earn enough to meet minimum reasonable needs.

OR the spouse seeking support:

Cannot support themselves due to a disability
Is the custodian of a disabled child requiring substantial care
Was the victim of family violence within 2 years of filing for divorce

These rules are strict, and evidence is required. We help clients document income, expenses, employment history, disabilities, and financial need.

⭐ How Long Does Spousal Support Last in Texas?

Texas limits how long support can be ordered:

5 years → if marriage lasted 10 to 20 years
7 years → if marriage lasted 20 to 30 years
10 years → if marriage lasted 30 or more years
Indefinite → only in cases of disability

Courts must order the shortest reasonable time for a spouse to become self-sufficient.

⭐ How Much Spousal Support Can Be Ordered?

Texas caps maintenance at:

✔ The lesser of:

$5,000 per month, or
20% of the paying spouse’s monthly gross income

The actual amount depends on:

Income
Earning ability
Education and job skills
Age and health
Childcare responsibilities
Contributions to the marriage
Waste or hiding of assets
History of family violence

We ensure your financial situation is accurately presented to the court.

⭐ Factors Texas Courts Consider When Awarding Alimony

Courts look at many factors, including:

Length of the marriage
Each spouse’s financial resources
Job history, education, and earning capacity
Age and health of each spouse
Homemaking contributions
Whether one spouse supported the other’s education
Marital misconduct (including adultery or cruelty)
Custody responsibilities
Property awarded in the divorce

We build strong arguments based on these statutory factors.

⭐ Temporary Spousal Support During the Divorce

While the divorce is pending, courts may order temporary spousal support to cover:

Living expenses
Housing
Utilities
Insurance
Medical needs

Temporary support is separate from long-term maintenance and can be essential for financial stability.

⭐ Contractual Alimony

Even if a spouse does not qualify for court-ordered maintenance, the parties may agree to contractual alimony as part of their divorce settlement.

This can be used to:

Equalize incomes
Provide short-term assistance
Protect credit or assets
Facilitate smoother settlement negotiations

We draft clear, enforceable agreements that protect both parties.

⭐ Defending Against Spousal Support Claims

If your spouse is requesting support you believe is unfair or unjustified, we can help you challenge the request.

We defend clients against claims by demonstrating:

The spouse has the ability to earn sufficient income
The spouse is voluntarily unemployed or underemployed
Financial need is not properly proven
The marriage does not meet duration requirements
Assets awarded eliminate the need for maintenance

Texas law is narrow on eligibility — we ensure the court follows the law.

⭐ Modifying or Terminating Spousal Support

Spousal support may be modified or terminated if there is a:

✔ Substantial change in circumstances

Examples:

Job loss
Health changes
Income changes
Financial hardship

✔ Cohabitation by the receiving spouse

✔ Remarriage of the receiving spouse

We help clients enforce, modify, or terminate maintenance when appropriate.

⭐ Why Choose Our Office for Spousal Support Cases

Experienced in Texas spousal maintenance law
Strong financial analysis and courtroom advocacy
Clear guidance through complex eligibility rules
Strategic approach for both seeking and defending support
Knowledge of Bexar County judges and local courtroom practices
Compassionate representation during challenging financial transitions

Your financial future matters — we work to protect it.

⭐ Schedule a Consultation Today

If you are seeking spousal support or defending against an unfair claim, contact our office today.

📞 Call now to schedule a consultation.