San Marcos Alimony Attorney

Divorce brings major life changes, especially when it comes to financial stability. For many spouses, spousal maintenance—commonly known as alimony—is one of the most contested issues in a divorce. Whether you may be paying or receiving alimony, understanding Texas law is essential to securing a fair arrangement that protects your future.

At Cofer & Connelly, PLLC, our San Marcos alimony attorneys help clients navigate the complexities of spousal maintenance with clarity and confidence. With decades of combined experience—including backgrounds as prosecutors and judges—we offer compassionate counsel and assertive representation. Our goal is to protect your financial stability while ensuring a resolution that accounts for your unique circumstances.

Contact us today at (512) 991-0576 or online to schedule your free, confidential consultation.

Is Alimony Required in Texas?

Unlike some states, Texas does not automatically require alimony in divorce cases. Instead, spousal maintenance is only awarded in specific situations, and the court has significant discretion when deciding whether to grant it.

A judge will consider factors such as:

• Length of the marriage
• Each spouse’s earning capacity
• Health concerns or disabilities
• History of family violence
• Caretaking responsibilities for a child with special needs

Because the court has flexibility, having a skilled San Marcos alimony lawyer advocating for your interests can make a significant difference in the outcome.

Who Qualifies for Spousal Maintenance in Texas?

Spousal support in Texas is intentionally limited. To qualify, a spouse must typically show that they cannot meet their basic needs without financial assistance. Common situations include:

• The marriage lasted 10 years or more, and the spouse seeking support cannot earn enough income due to limited work history, disability, or caretaker responsibilities.
• One spouse was convicted of family violence within two years of the divorce filing.
• Both spouses agree to alimony as part of their divorce settlement.
• A spouse who immigrated to the U.S. with their partner may qualify under an Affidavit of Support.

At Cofer & Connelly, we carefully review your circumstances to determine eligibility and build a compelling case for or against spousal maintenance.

Is Alimony Guaranteed After Divorce in San Marcos?

No, alimony is not automatic in Texas or in Hays County. You must demonstrate eligibility under the Texas Family Code, and the judge will make a decision based on facts presented in your unique situation.

How Courts Calculate Alimony

Texas law caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income. Gross income includes salary, wages, self-employment earnings, rental income, retirement benefits, and more.

Courts also consider:

• Each spouse’s financial resources after divorce
• Contributions as a homemaker or caregiver
• Education and job skills, and how long it may take the recipient to become financially independent
• Marital misconduct or evidence of cruelty

Because of these factors, no two alimony cases look the same. Our attorneys tailor strategies for each client, ensuring the court sees the full picture of your financial needs and contributions.

How Long Does Spousal Maintenance Last?

Alimony in Texas is typically awarded for limited durations, designed to help the recipient transition to independence. The length depends on the circumstances:

• Up to 5 years: If the marriage lasted 10–20 years, or if there was a family violence conviction.
• Up to 7 years: For marriages lasting 20–30 years.
• Up to 10 years: For marriages lasting more than 30 years.

Most awards end once the recipient becomes self-sufficient. Courts often expect recipients to pursue job training or education to reduce their need for long-term support.

Modifying or Ending Alimony in Texas

Life circumstances change, and Texas law allows modifications when there is a substantial change in circumstances. For example, if the paying spouse loses income or the recipient achieves financial independence sooner than expected, a modification may be appropriate.

Alimony may also end if:

• Either spouse passes away
• The recipient remarries
• The recipient cohabitates with a new partner in a marriage-like relationship

If you believe your spousal maintenance order should be changed or terminated, our San Marcos alimony lawyers can help you petition the court effectively.

Common-Law Marriage and Alimony

Texas recognizes common-law marriages, meaning spouses in these relationships may also qualify for spousal maintenance in a divorce. Proving a valid common-law marriage requires evidence of cohabitation, public representation as a married couple, and mutual agreement to be married.

These cases can be complex, but our attorneys have the experience to guide clients through both the validation of common-law marriages and any related alimony claims.

Why Choose Cofer & Connelly, PLLC?

At Cofer & Connelly, PLLC, we pride ourselves on providing personalized legal strategies for every client. We understand that no two families or divorces are alike. Our team brings:

• Former prosecutors and judges offering deep insight into Texas courts
• A client-focused approach that prioritizes your financial stability and peace of mind
• A proven record of negotiating settlements and litigating contested alimony cases

Whether you are concerned about being ordered to pay alimony or seeking the support you need to move forward, we are here to stand by your side.

Speak with a San Marcos Alimony Attorney Today

Every spousal support case is different, and the outcome can affect your financial future for years to come. Don’t navigate this process alone. At Cofer & Connelly, PLLC, our San Marcos alimony attorneys can help you pursue a fair and equitable arrangement.

Call us today at (512) 991-0576 or contact us online to schedule a consultation and learn how we can protect your rights and financial stability.