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Houston Divorce Lawyer > Montgomery County Alimony Lawyer

Montgomery County Alimony Lawyer

Divorce can significantly impact your financial stability, especially when one spouse has relied on the other for support during the marriage. At Lindamood & Robinson, P.C., we help clients navigate the complex issues of spousal maintenance, also known as alimony, in Texas. Whether you are seeking support or being asked to pay, an experienced Montgomery County alimony lawyer can help you understand your rights, evaluate your financial options, and work toward a fair outcome that supports your long-term security.

Understanding Alimony and Spousal Maintenance in Texas

In Texas, “spousal maintenance” is the term used for post-divorce financial support paid by one spouse to the other. Unlike many other states, alimony is not automatically granted and is available only in limited circumstances. The court will carefully evaluate eligibility based on specific statutory criteria.

A spouse may be eligible for maintenance if they lack sufficient property or income to meet basic needs and one of the following applies:

  • The marriage lasted at least ten years, and the requesting spouse cannot meet their minimum needs
  • The other spouse was convicted of family violence within two years before filing or while the case is pending
  • The requesting spouse has a physical or mental disability preventing self-support
  • The requesting spouse is the custodian of a disabled child who requires significant care and supervision

Our attorneys help you understand whether you qualify for spousal maintenance and advocate for fair terms that reflect your financial circumstances and contributions during the marriage.

Factors That Influence Alimony Awards

When deciding whether to award alimony, the court examines numerous factors to determine both eligibility and the amount of support. These may include:

  • Length of the marriage
  • Each spouse’s income and earning capacity
  • Age, education, and health of both spouses
  • Contributions to the household, including homemaking and child care
  • Financial misconduct or waste of marital assets
  • Property and debts awarded during divorce
  • Efforts made by the requesting spouse to gain employment or education

Lindamood & Robinson, P.C. provides clear, evidence-based advocacy to help the court understand your unique financial story. Whether you are seeking alimony or opposing it, we build a strong case supported by documentation and expert analysis.

Duration and Limits of Alimony in Texas

Texas law generally limits the duration and amount of alimony to prevent undue hardship on the paying spouse. Maintenance typically lasts only as long as necessary for the supported spouse to become self-sufficient.

Common duration limits include:

  • Up to 5 years for marriages lasting 10–20 years or involving family violence
  • Up to 7 years for marriages lasting 20–30 years
  • Up to 10 years for marriages lasting over 30 years

In some cases, such as disability or the care of a disabled child, support may continue indefinitely. The amount is also capped at the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income.

Our attorneys ensure that any alimony order is reasonable, compliant with Texas law, and sustainable for both parties.

Modifying or Terminating Alimony

Alimony is not necessarily permanent. Either spouse can request modification or termination if significant changes occur after the divorce. Common reasons include:

  • The receiving spouse remarries or cohabits with a new partner
  • Either spouse experiences a substantial change in income
  • The receiving spouse becomes self-supporting
  • Health or employment circumstances change

We assist clients in filing and defending modification petitions, ensuring that any adjustments reflect the current realities of both parties.

Enforcing Alimony Orders

When a former spouse fails to make required maintenance payments, enforcement becomes necessary. Texas courts have strong remedies for nonpayment, including wage garnishment, liens, contempt proceedings, and even jail time in severe cases.

At Lindamood & Robinson, P.C., we help clients enforce existing alimony orders efficiently and effectively. We also defend those facing enforcement actions to ensure their rights and financial situations are fairly represented.

Why Choose Lindamood & Robinson for Alimony Cases

Lindamood & Robinson, P.C. combines deep knowledge of Texas family law with a practical, results-oriented approach to resolving alimony disputes. Our attorneys are experienced negotiators and litigators who handle cases involving high-net-worth individuals, business owners, and families with complex financial structures.

Clients choose our firm because we provide:

  • Decades of family law experience in Montgomery County and throughout Texas
  • Thorough financial analysis to determine fair payment structures
  • Skilled negotiation to achieve efficient settlements when possible
  • Strong courtroom advocacy when litigation is required
  • Personalized attention and honest communication throughout your case

We understand the emotional and financial challenges involved in alimony disputes and work tirelessly to protect your future.

Alimony FAQs

How is alimony different from temporary spousal support?

Temporary spousal support may be ordered while the divorce is pending to cover living expenses. Alimony, or spousal maintenance, begins after the divorce is finalized and is based on statutory requirements.

Can we agree to alimony without going to court?

Yes. Spouses can agree to contractual alimony as part of a divorce settlement. The court will generally approve the agreement if it is fair and properly drafted.

Can alimony be waived in a prenuptial agreement?

Yes. A valid prenuptial or postnuptial agreement can waive or limit the right to seek alimony. These agreements must meet legal standards to be enforceable.

What happens if my ex stops paying alimony?

You can file an enforcement motion in court. The judge can issue wage garnishments, fines, or other penalties to compel payment.

Can I receive alimony if I was a stay-at-home parent?

Possibly. If you were married at least ten years and cannot meet your reasonable needs, you may qualify for maintenance, particularly if reentering the workforce is difficult.

Can the court deny my request for alimony?

Yes. If you do not meet the eligibility requirements or cannot demonstrate financial need, the court may deny maintenance.

Is alimony taxable in Texas?

For federal tax purposes, alimony payments are no longer deductible by the payer or taxable to the recipient for divorces finalized after 2018.

Can alimony be paid in a lump sum?

In some cases, the court or parties may agree to a lump-sum payment instead of monthly installments. This is often done in property settlements or negotiated agreements.

Can men receive alimony in Texas?

Yes. Texas law is gender-neutral. Either spouse may be eligible for maintenance based on financial need and statutory criteria.

Can I modify contractual alimony?

Contractual alimony cannot usually be modified unless both parties agree. Court-ordered maintenance, however, can be changed under certain circumstances.

Serving Montgomery County

  • Conroe
  • The Woodlands
  • Magnolia
  • Montgomery
  • Willis
  • Oak Ridge North
  • Shenandoah
  • Panorama Village
  • Cut and Shoot
  • Splendora
  • Porter
  • New Caney
  • Pinehurst
  • Woodbranch
  • Roman Forest

Contact The Skilled Montgomery County Alimony Lawyers at Lindamood & Robinson, P.C.

If you are facing alimony or spousal maintenance issues in Montgomery County, the experienced attorneys at Lindamood & Robinson, P.C. can help. We work with clients to create fair, sustainable solutions that reflect both financial realities and legal standards. Whether you are seeking support, modifying an order, or defending against an unfair demand, our team provides the insight and advocacy you need to protect your future.

Call today to schedule a confidential consultation with an experienced Montgomery County alimony lawyer who will stand by your side every step of the way.

Our Location
Houston Divorce Office
Houston
1415 Louisiana St, Suite 3450
Houston, TX 77002
713-654-2112
Clients in Galveston County, Ft. Bend County, and Montgomery County can have consultations in office or by ZOOM!
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