Fort Worth Alimony and Spousal Support Lawyer

When a marriage ends, spousal maintenance, otherwise known as alimony, can be confusing. Texas law offers support in specific situations. It's not automatic, and one must qualify.

Our firm focuses on family law matters across Fort Worth and has helped many clients in cases involving support for spouses. C.W. Martin Law Office, PLLC is led by a board-certified family law lawyer with more than ten years of courtroom experience across Tarrant County.

We offer a free 15-minute phone session so that we can understand your situation and explain what may happen. You can also tap into our financing options and ask us to help with just one part of your case, rather than the entire divorce. Call (817) 813‑7777 to set up a consultation.

Begin With a Free Alimony Review

At the beginning, we will ask questions about how long you were married, your family's income, and whether either spouse faces hardship, health challenges, or the need to care for children. If you move forward with us, we verify whether you meet the Texas Family Code's standards for spousal maintenance. Those factors show whether you might be eligible to receive support, or if you may be required to pay it.

Section 8.051 of the Code sets out who qualifies. In general, support may be awarded when a marriage lasts at least ten years and one spouse cannot earn enough to meet reasonable needs. Other reasons include disability, caring for a child who cannot care for themselves, or past family violence. We will discuss in greater detail below.

Does Texas Grant Alimony?

Texas law has specific rules, and you must demonstrate that you cannot meet basic needs after the marriage ends. Those needs might include housing, food, healthcare, or debt. Eligibility usually follows one of these situations:

• A spouse with a long marriage cannot earn enough now
• Disability prevents steady work
• Caring full time for a child with special needs
• Being a victim of family violence

Even if you qualify on paper, you must prove you cannot meet those needs through income or property. The court must also see that the request is reasonable.

How Much Support Can a Former Spouse Receive, and For How Long?

The court looks at each spouse's finances, the marriage's length, and any sacrifices made, such as delaying education or work. Abuse, waste of assets, or misconduct may also come into play. Under state law, payments cannot exceed the smaller of $5,000 per month or 20 percent of the paying spouse's average gross earnings. The duration depends on how long the marriage lasted. It can range from two years to ten years, although there are cases, such as for permanent disability, where payments may be ordered indefinitely.

Imagine a mother who left her job to raise three children during a 15-year marriage. After the divorce, she hasn't worked in over a decade and needs to refresh her professional skills. In this type of case, the judge may award several years of support to help her transition back into the workforce.

Now consider a couple who separated after two years, both working full-time in similar roles. There were no children, no health issues, and no financial disparity. Unless there's some unusual factor like domestic violence or a disability, a request for spousal maintenance in that case is likely to be denied.

Representation For Those Seeking or Paying Support

C.W. Martin Law Office, PLLC represents clients on both sides of these matters. If you are the spouse requesting support, we help you document your needs and prepare persuasive arguments. If you are being asked to pay, we make sure the request meets the strict legal requirements under Texas law.

In some cases, support is temporary while the divorce is pending. In others, the court decides on long-term arrangements as part of the final order. We also review how community property divisions and retirement accounts could influence a fair outcome.

Agreements vs. Disputes

Sometimes, both spouses agree on the need for support and can put together terms that work for both sides. We help formalize those agreements to avoid confusion or future disputes. When the issue turns into a court battle, our legal team prepares by gathering detailed financial records, reviewing lifestyle expenses, and presenting an argument rooted in facts.

Help for People on a Tight Budget

Some clients are surprised at how quickly legal costs can add up. That's why we offer flexible payment plans and limited-scope services. If you just need help filling out a spousal maintenance form, preparing for a hearing, or filing a motion, we're glad to assist with only that piece.

This kind of support can make a real difference if you're trying to move forward but can't take on everything at once. Our firm is here to help you make informed choices at a cost you can manage.

Local Experience in Fort Worth and Beyond

We work with people throughout Fort Worth and across North Texas, including Arlington, Southlake, Mansfield, Hurst, Keller, and other nearby areas. Our experience in the Tarrant County courts gives us insight into how local judges evaluate support cases, and this helps us build stronger legal strategies from the start.

Common Questions About Spousal Maintenance in Texas

Can I get spousal maintenance if I was married for less than ten years?

In most cases, Texas law requires a marriage of at least ten years before a spouse can qualify for court-ordered spousal maintenance. However, Section 8.051 of the Texas Family Code allows for a few exceptions. If you can prove a disabling condition that prevents you from working, or if you or your child has a disability that requires full-time care, the ten-year rule may not apply. Another exception involves family violence. If your spouse was convicted or received deferred adjudication for domestic violence during the marriage or while the divorce was pending, the court may grant maintenance even after a short marriage. That said, these awards are still rare and usually limited in duration and amount.

Can support orders be modified after the divorce?

Yes. Under Section 8.057 of the Texas Family Code, either party can ask the court to modify a maintenance order, but they must show a material and substantial change in circumstances. This might involve job loss, reduced income, medical issues, or a significant change in the recipient's financial need.

Is spousal maintenance taxable?

No. As of January 1, 2019, the IRS no longer treats spousal maintenance as taxable income for the person receiving it, and it is no longer deductible for the person making the payments. This change came from the Tax Cuts and Jobs Act of 2017, which altered how alimony and spousal maintenance are handled at the federal level. It's important to understand that this only applies to orders finalized after that date. Older agreements may still fall under the previous tax rules, unless they were modified and expressly adopted the new treatment.

Can someone waive their right to support?

Yes, and it's fairly common. Many couples resolve this in a divorce settlement or prenuptial agreement. That said, courts do not automatically accept waivers. The judge must review the terms and verify that the agreement was voluntary and not the result of pressure or unfair circumstances. If the waiver leaves one spouse destitute or was signed without proper financial disclosure, the court may set it aside. These issues often come up when one spouse had limited access to funds or legal advice at the time of the agreement. If you are unsure of anything, please give our office a call.

What happens if the paying spouse loses their job?

The court recognizes that job loss can affect someone's ability to meet a support obligation, but it won't excuse payments automatically. The paying spouse must file a formal request to reduce or suspend the maintenance order and prove that the loss was not voluntary. The judge may also examine whether the person is actively looking for comparable work.

Does support end if the recipient remarries or moves in with someone else?

Yes, in most cases. According to Section 8.056 of the Texas Family Code, spousal maintenance automatically ends if the recipient remarries. The statute also allows termination when the recipient "cohabits with another person in a permanent place of abode on a continuing basis" in a romantic relationship. However, this type of termination isn't automatic, and you will need to file a motion with the court and present evidence, such as shared finances, joint leases, or other signs of an ongoing domestic partnership.

Talk to a Fort Worth Alimony Lawyer Today

If spousal support is a question in your divorce or if you need help modifying an existing order, C.W. Martin Law Office, PLLC is here to help. We offer a free 15-minute consultation to help you understand your rights and next steps. Call us today at (817) 813‑7777 to speak with our legal team.