The Ezzell Group, PLLC

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The Ezzell Group, PLLC

Over Two Decades Of Passionate Legal Advocacy For Austin Families

Dedicated Spousal Maintenance Lawyer In Austin

In Texas, alimony or “spousal maintenance,” is money one spouse pays another to support the ex-spouse following a divorce. You may also pay or receive this money before the finalization of the divorce. Unsurprisingly, this concept is one of the most emotional and controversial aspects of a divorce proceeding.

I, attorney Ehren Stuart Ezzell, have been helping individuals in Austin and the surrounding Travis County area navigate the intricate laws surrounding spousal maintenance in Texas. For over 25 years, The Ezzell Group, PLLC, has been passionate about clients’ outcomes beyond the courtroom and offers effective representation.

Types Of Spousal Maintenance In Texas

Texas law recognizes two primary types of spousal maintenance:

  • Contractual alimony: An agreement between you and your spouse, often made during divorce, to provide financial support
  • Court-ordered spousal maintenance: This is awarded by a judge based on specific criteria outlined in state statutes

Working with a knowledgeable attorney like me can help you pursue the appropriate type of support and negotiate the best possible terms.

How Spousal Maintenance Is Awarded

Spousal maintenance is not granted in every divorce. Texas court evaluates a range of criteria before awarding maintenance, including:

  • The marriage must have lasted at least 10 years.
  • The requesting spouse must demonstrate an inability to meet their minimum reasonable needs.
  • The paying spouse must have the ability to provide support.

My experience handling these types of cases can be invaluable in helping ensure a fair and reasonable award.

Detailed Spousal Maintenance Calculations And Limits

Texas law sets clear parameters for calculating spousal maintenance. I help ensure my clients understand exactly what the law allows and what it does not.

Below is what you should know:

  • Maximum amount rule: The law caps maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
  • What counts as gross income: This includes wages, salaries, commissions, bonuses, rental income and investment earnings. It does not include Supplemental Security Income or certain disability benefits.

For example, if your former spouse earns $8,000 a month, the court cannot order more than $1,600 (20%) per month in maintenance, even if your needs exceed that figure.

At The Ezzell Group, PLLC, my role is to help ensure that every figure aligns with Texas law and your financial reality, with no guesswork and no surprises.

Minimum Reasonable Needs

The court evaluates each spouse’s essential living costs such as housing, food, transportation and medical care. This standard protects against hardship while avoiding inflated requests. I take time to document these details carefully, helping the court see the full picture of your day-to-day needs.

Duration And Termination Of Payments

The question I hear most is, “How long will this last?” The answer depends on several legal timelines. Typical durations in Texas include:

  • Five years for marriages lasting 10 to 20 years
  • Seven years for marriages lasting 20 to 30 years
  • 10 years for marriages over 30 years

Maintenance usually ends if the recipient remarries or begins living with a new partner. I help clients plan ahead for these milestones, helping ensure they are financially prepared when payments stop.

Contractual Alimony Versus Court-Ordered Spousal Maintenance

Some couples choose contractual alimony instead of court-ordered maintenance. The difference is significant because:

  • Contractual alimony is a private agreement, flexible in terms and duration.
  • Court-ordered maintenance follows statutory caps and can be enforced through wage withholding.
  • If the paying spouse stops paying contractual alimony, it is enforced as a contract. Court-ordered maintenance, however, is enforced as a court order, carrying stronger legal consequences.

Clients often ask me which path offers better protection. I explain both options clearly, balancing fairness and enforceability. My goal is always the same: to help protect your stability while keeping legal stress to a minimum.

Your Journey To Financial Stability Begins Here With A Free Consultation

As a family law lawyer who handles divorce cases, I know the emotional and financial stress it can bring. That is why The Ezzell Group, PLLC, is here – to be your legal ally.

My office is conveniently located just three blocks from the Travis County Courthouse, so you can count on me to be readily available to provide the personalized support and guidance you need. Dial 512-222-4798 or fill out my online contact form to schedule a free consultation with me and take the first step toward securing the financial stability you deserve.