Spousal Support & Maintenance (Alimony)

The laws of the State of Texas allow either spouse to seek post-divorce spousal maintenance, often referred to as alimony, under certain limited circumstances. There are many factors taken into consideration when determining eligibility. Included among these factors are the amount of time the parties have been married, the ability of each party to earn a living, and any history of family violence within the marriage. There are also income requirements, medical disability standards and time limitations to which any maintenance awards are subject under the law. Ordinarily, post-divorce maintenance cannot be ordered unless (a) the parties have been married more than ten years AND (b) the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs AND (c) the spouse seeking maintenance lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs. However, the ten-year minimum does NOT apply if (a) the spouse from whom maintenance is being sought has been convicted of a crime constituting family violence within the past two years, OR (b) the spouse seeking maintenance is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability, OR (c) the spouse seeking maintenance is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

At the Law Office of J. Michael Clay, we have advised many clients and helped them to protect their rights in the area of post-divorce spousal maintenance. As the focus of our practice is family law, we have detailed knowledge and expertise in all areas of divorce, including the rules and requirements of spousal support, maintenance and alimony. We will evaluate your situation and advise you as to all matters pertaining to eligibility. We will then represent you best protect your rights under the law.

J. Michael Clay has represented clients in Texas family law matters since 1991. We will provide you with the personal attention and effective legal representation that you deserve. We help to achieve your objectives, safeguard your legal rights and protect all of the legal and financial interests to which you are entitled. It is our privilege to represent the San Antonio communities, including Bexar County and all of its surrounding counties.

If you believe that you may be entitled to post-divorce spousal support and maintenance, or if spousal maintenance is being sought from you, J. Michael Clay is an experienced San Antonio, Texas divorce attorney who can advise you of your legal rights. Contact us to learn how we can help you.

If you want to know more about family law in general, you are invited to consult the Texas Family Code which contains most of the laws which govern divorces and other family law matters in the State of Texas. Please be aware that the version of the Texas Family Code to which this hyperlink takes you is the most current version available online (2006), but is subject to legislative changes every two years (and sometimes even more often). Therefore, you should not take any action (or fail to take any action) based on the information you find in that version unless you have first received advice from an attorney of your choice and verified that the relevant section of the Texas Family Code is the most current.

Client Reviews

Mr. Clay exceeded my expectations. I was fighting for custody and child support with a bully of an ex. He was tough with the other lawyer and made sure that I was not taken advantage of. His knowledge and experience was very apparent. I highly recommend Mr. Clay to anyone needing legal aid.

K. Aleman

Absolute pro! If you need a Lawyer that truly understand law and can answer any question you present him with, Mr. Clay is your man! I am extremely happy to have him represent me! Picking a lawyer is like picking a real estate agent. So many, so it can be hard but let me tell you I am 100% happy...

P. Martinez

Mr Clay represented me during my divorce in 2011. He was absolutely incredible throughout the entire process. He is very reasonable and is hands down one of the best attorneys in San Antonio, Texas. I highly recommend him to anyone looking for an attorney!!!!!

B. Johnson

Contact Us We’re Here to Help You

Fill out the form or call us at 210-694-5205 to schedule your free consultation.

* Please refrain from divulging confidential, attorney-client protected information until The Law Office of J. Michael Clay can determine that doing so would not result in a conflict-of-interest between our firm and an existing or potential client.