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Spousal Support

Austin Spousal Support Attorney - Gavel on top of pile of cash

If one spouse was dependent on the other spouse for economic support during their marriage, it may seem logical to assume spousal support will be ordered upon the dissolution of the marriage. However, an Austin Spousal Support Attorney understands that is not necessarily the case, and in fact, there is a rebuttable presumption under Texas law that spousal support is not warranted.

Overcoming the Presumption

The primary issue in determining whether to order support is the ability of the spouse requesting maintenance to provide for their own minimum reasonable needs in consideration of what they were given in the divorce settlement and what they came into the marriage with. Factors an Austin Spousal Support Attorney cite as relevant include:

  • Age
  • Education
  • Employment skills
  • Training
  • Ability to acquire new training
  • Physical and emotional state

Adultery or cruel treatment by either spouse is an additional factor which may be considered.

Amount of Support

Although support is awarded on an as needed basis, there is a maximum amount that can be ordered. $5000 is the ceiling, but as your Austin divorce lawyer will explain, for those whose average monthly gross income is less than $5000, the maximum spousal support is 20 percent of the average gross income.

Duration of Support

The standard the courts apply is the shortest reasonable period that is necessary to allow the spouse seeking support to earn sufficient income to provide for their reasonable minimum needs, but the law has specific provisions:

  • Up to five years if the marriage lasted between 10 and 20 years or the spouse requesting support was the victim of domestic violence
  • Up to seven years if the marriage lasted between 20 and 30 years
  • Up to 10 years if the marriage lasted more than 30 years


The order for spousal support can be modified upon a showing of a material and substantial change in circumstances and may be terminated if the spouse receiving support cohabitates with a person with whom they have a romantic relationship with.

Contact an Austin Spousal Support Attorney for Legal Advice

For an understanding of the factors a court looks at in awarding spousal support, call the top rated Austin Spousal Support Attorney from Nunis & Associates at (512) 236-9696.

  • 801 West Avenue
    Suite 200
    Austin, TX 78701

    (512) 236-9696

    (512) 236-9695

  • Licensed to practice in Texas Courts, including all 4 Federal Districts of Texas. Primary practice in Central Texas: including Austin and Travis County, Georgetown and Williamson County, Bastrop and Bastrop County, San Marcos, Dripping Springs and Hays County.