Austin Alimony Lawyer

Spousal maintenance is a payment from the wealthier spouse to the lower income spouse. These payments are made to help the spouse support themselves for a period of time. Whether you are the spouse who may receive spousal maintenance or pay it, having a lawyer representing you can help protect you.

Clifford Swayze is an honest, hard-working spousal maintenance lawyer serving Austin, as well as Travis County and Williamson County. A lawyer can protect your interests and assets, and help prevent others from taking advantage of you. If you are dealing with spousal maintenance in any fashion, call the Law Office of Clifford Swayze at 512-335-5245.

Spousal Maintenance Explained

Spousal maintenance is intended to provide limited support during a period of uncertainty after a divorce. To be eligible to receive spousal maintenance, the person requesting spousal maintenance must base their claim on either a ten year marriage or family violence. If the claim for spousal maintenance is based on a ten year marriage, the person requesting spousal maintenance must show that the marriage lasted 10 years or longer, that they lack sufficient property to meet their minimal reasonable needs, and that they cannot support themselves. The determination of "minimal reasonable needs" is specific. The determination will be based on that particular person or family.

When calculating the amount of spousal maintenance to be awarded the court must figure out what the requesting party’s reasonable minimum needs are, which is usually going to come to the person's monthly expenses. Generally, the court will look at the person requesting spousal maintenance and determine their monthly income. The difference between the person's minimal reasonable needs and the person's income will serve as the upper limit to any spousal maintenance award. Once the award has been calculated, the court must look at the respondent's average monthly income. If the court determines that the award for spousal maintenance exceeds $2500, or 20% of the respondent's income, the court must reduce the amount to that amount, which is the highest allowed by law. While there are exceptions, the general rule is that the spousal maintenance award must be limited to the shortest reasonable period, which generally means no more than 3 years.

Learn More about Spousal Maintenance

Money can be an especially contentious area in a divorce, which is why it is best to have a spousal maintenance lawyer representing you and your interests. A lawyer can help get you the best settlement you deserve, and help set a fair amount for spousal maintenance payments. If you are faced with spousal maintenance, call the Austin offices of Clifford Swayze at 512-335-5245.