Specific factors determine whether “maintenance” or alimony is awarded, including the length of the marriage, sources of income, employability, assets and debts, opportunities for future income and age. Unfortunately, maintenance can be one of the most challenging issues to resolve during a divorce. Skilled alimony attorney Mark C. Roles brings over 20 years of experience helping clients navigate these complexities.
In Texas, “maintenance” is the legal term for what is also commonly known as “alimony” or “spousal support” in other states. Maintenance ensures that both spouses receive appropriate financial support after finalizing their divorce. Since 2005, Roles Law, PC, has served Austin and Round Rock-area families facing these difficult family law issues, providing compassionate legal representation when you need it most.
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Establishing Alimony Payments
Alimony is one of the most confusing divorce issues for spouses contemplating ending their marriage. Several factors come into play when establishing spousal maintenance in Texas, including:
- Each party’s financial resources and ability to provide for their basic needs
- Each party’s education and employment skills
- The length of the marriage
- Whether either party is paying child support
- Whether either party contributed to the education or training of the other spouse
- Acts of adultery or cruelty
- Whoever was the homemaker during the marriage
As an experienced spousal maintenance lawyer, Mark can help you seek the best outcome by ensuring the judge has a clear understanding of your situation.
Amount Of Support
Texas law caps monthly spousal support at either $5,000 or 20% of the paying spouse’s average monthly gross income, with the court applying the lower of the two amounts. It’s in your best interests to schedule a consultation with Mark today and see what a difference a knowledgeable alimony attorney can make when it comes to stabilizing your financial situation during the divorce process.
Whether you live in Travis County, Hays County, Williamson County or elsewhere, Mark has helped hundreds of people throughout Texas receive the financial support they deserve or establish fair support amounts for those paying.
What Are The Different Types Of Spousal Support In Texas?
Texas recognizes multiple forms of spousal support, each serving a different purpose. A knowledgeable spousal support lawyer can help determine which applies in your case.
Forms of support include:
- Temporary spousal support: Ordered during divorce proceedings, it helps meet immediate financial obligations until final orders are entered
- Contractual alimony: Agreed to by both parties, this support is part of a negotiated settlement and is enforceable like a contract
- Court-ordered spousal maintenance: Awarded by a judge under specific legal conditions, often when one spouse lacks the means to meet basic needs after divorce
Each type protects financial stability, especially for lesser-earning spouses. An experienced family lawyer in Austin, Texas, can craft a strong legal strategy based on your situation.
How Tech RSUs, Bonuses And Business Ownership Affect Alimony In Austin
Austin’s tech industry creates unique challenges when calculating spousal maintenance. Many professionals at companies like Tesla, Oracle, Apple and startups receive major compensation through restricted stock units, bonuses and equity grants instead of traditional salaries. Texas courts must figure out how to count this variable income when calculating maintenance.
Courts look at your total pay, not just your base salary. If you receive RSUs that vest quarterly or annual bonuses, judges average these amounts over time. A tech worker earning a $120,000 base salary plus $80,000 in RSUs and bonuses could face calculations based on $16,667 per month instead of $10,000. This raises the maximum monthly support from $2,000 to $3,333.
Business owners face similar issues. Austin entrepreneurs cannot simply pay themselves small salaries to reduce maintenance. Judges look at your business revenue, profit distributions and lifestyle to determine your true earning capacity. If your business makes good money but you only draw a small salary, the court will likely add income to you for calculations. This gets more complex when business ownership is a major marital asset. Understanding how courts handle these property division issues helps you plan for both asset splits and support.
Mark has deep experience representing high-earning Austin professionals and business owners. He knows how Travis County judges evaluate tech pay packages and business income. He works with financial experts when needed to present accurate calculations that protect your interests.
How Long Will Spousal Maintenance Payments Last In Texas?
Texas law limits how long court-ordered support can last, based on how long the marriage lasted. An Austin alimony lawyer can walk you through the timeline outlined in Texas Family Code Section 8.054.
Typical durations include:
- 5 years for marriages lasting 10 to 20 years or less than 10 years with domestic violence
- 7 years for marriages lasting 20 to 30 years
- 10 years for marriages of 30 years or more
Your Austin spousal maintenance lawyer can help argue for or against extended support depending on your earning capacities and financial needs.
When Can You Modify Alimony In Texas?
You can seek a change to court-ordered spousal maintenance if there has been a material and substantial change in circumstances, such as job loss, illness or remarriage. This is where an experienced spousal support lawyer proves invaluable, helping you present the strongest case for modification.
Remember, contractual alimony is private and only modifiable if your agreement allows it. For personalized legal guidance, work with a trusted Austin alimony lawyer who understands how to protect your rights during and after divorce.
Frequently Asked Questions About Alimony In Austin
Austin residents have specific questions about how spousal maintenance works in tech-heavy Travis and Williamson counties. We answer some of these questions below:
Can my spouse’s tech bonuses, RSUs or stock options be counted toward income for calculating alimony in Austin?
Yes. Texas courts include all pay when calculating gross income for maintenance. This includes base salary, bonuses, RSUs, stock options and equity grants common among Austin tech workers. Courts average variable income over several years. If your spouse works at a major tech company and receives substantial RSUs or bonuses, these amounts factor into the cap. Mark can help you gather documentation to ensure accurate calculations.
Will I still have to pay spousal maintenance if my ex moves in with a new partner in Travis or Williamson County?
Court-ordered maintenance in Texas ends automatically when the receiving spouse lives with a romantic partner in a continuing relationship. You must prove your ex is living together, not just occasionally staying over. Evidence includes shared leases, utility bills in both names, mail delivery and witness testimony. If your ex has moved in with a new partner anywhere in the Austin area, including Williamson County cities like Round Rock, you can file to end your payments. Mark can help you gather evidence and present it to the court.
How does owning a local Austin business affect my obligation to pay court-ordered spousal support?
Owning a business complicates maintenance calculations because courts look beyond your salary to your total earning capacity. Judges examine your business revenue, profit margins, distributions and lifestyle. You cannot lower your obligation by paying yourself a tiny salary while your business makes good profits. Courts will add income based on what you could reasonably earn. Mark works with forensic accountants when needed to present accurate valuations that protect you from excessive support while ensuring fair outcomes.
Contact An Austin Alimony Attorney Today
Spousal support can be an issue during divorce if one spouse relied on the other financially. Whether you are seeking support or facing a request for maintenance, working with an Austin alimony lawyer can explain your rights and legal options. Contact Roles Law, PC, at 512-838-3053 to discuss your alimony concerns with an experienced family law attorney. Call today or complete our online form to protect your financial future and get the legal advice you need.