Spousal maintenance — commonly known as alimony — is financial support paid by one spouse to the other following a divorce. Texas has some of the most restrictive spousal maintenance laws in the country, making eligibility a complex legal question. Whether you are seeking maintenance after a long marriage or working to minimize an unfair spousal support claim, the Law Office of Ryan Putz provides experienced guidance in Walker County divorce cases.
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Ryan Putz practices regularly in the 12th District Court of Walker County and understands how Texas courts approach spousal maintenance determinations, including both the statutory requirements and the negotiated alternatives available through mediation.
Eligibility Requirements
Under Texas Family Code § 8.051, a spouse seeking maintenance must demonstrate that they will lack sufficient property to provide for their minimum reasonable needs after divorce AND meet one of the following conditions:
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The paying spouse was convicted of or received deferred adjudication for family violence against the applicant spouse or the applicant's child within two years of the divorce filing
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The marriage lasted 10 or more years and the applicant lacks the ability to earn sufficient income to meet minimum reasonable needs (due to a physical or mental disability, responsibility for a child requiring substantial care, or other compelling circumstances)
Amount and Duration
Texas courts consider a broad range of factors in setting the amount of spousal maintenance, including each spouse's financial resources, education and earning potential, age and health, the length of the marriage, and contributions as homemaker. Maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income.
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The duration of maintenance is also capped based on the length of the marriage:
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Marriage of 10–19 years: up to 5 years of maintenance
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Marriage of 20–29 years: up to 7 years of maintenance
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Marriage of 30+ years: up to 10 years of maintenance
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Family violence cases: up to 5 years, regardless of marriage length
Courts are expected to award maintenance for the shortest reasonable period needed for the receiving spouse to become self-supporting. Maintenance terminates automatically upon the recipient's remarriage or the death of either party, and may be modified upon a material change in circumstances.
Unlike court-ordered statutory maintenance, contractual alimony is negotiated between the parties and incorporated into the divorce settlement. Contractual alimony is not subject to the caps and eligibility requirements of Texas Family Code § 8.051 — the parties can agree to any amount, duration, and terms they choose. This makes contractual alimony a powerful tool in divorce negotiations, particularly in cases where statutory maintenance may not be available but both parties recognize a financial need.
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Contractual alimony is enforceable as a contract, and the remedies for non-payment may differ from those available for statutory maintenance. We will help you understand the distinction and structure any spousal support agreement to protect your interests.
Court-ordered spousal maintenance can be modified or terminated upon a material and substantial change in the circumstances of either party. If you have experienced a significant change in income, employment, or health — or if the recipient has remarried or begun cohabiting with a romantic partner — we can bring a motion to modify or terminate the obligation in Walker County's 12th District Court.
If your spouse is seeking spousal maintenance and you believe the claim is not warranted — or that the requested amount or duration is excessive — we will provide a thorough defense. We analyze your spouse's actual earning capacity, review whether eligibility requirements are genuinely met, and present evidence that supports a fair outcome for you.
Why Choose the Law Office of Ryan Putz?
When you're navigating a difficult legal situation, you deserve an attorney who knows the Walker County courts, understands Texas Family Code, and is committed to protecting your family's future. Ryan Putz brings focused family law experience and personal attention to every case.
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Thorough knowledge of Texas Family Code Chapter 8 spousal maintenance law
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Experience with both statutory maintenance and contractual alimony negotiations
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Represents both recipients seeking support and payors defending against claims
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Handles modification and termination of existing maintenance orders
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Practices regularly in the 12th District Court, Walker County
The Law Office of Ryan Putz serves clients throughout Walker County, including Huntsville, Riverside, Huntsville area communities, and surrounding counties including Montgomery County, San Jacinto County, Madison County, and Trinity County.
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168 Col Etheredge Blvd, Suite D
Huntsville, Texas 77340
Contact
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