Aerial drone shot of a residential neighborhood and community pond in Texas.

Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

Get In Touch With Us Today

October 01, 2022

|

On behalf of The Powell Law Firm

| Divorce

How to Negotiate an Alimony Settlement in TX

Are you eligible for alimony after your divorce? Here is how to get a good settlement from your ex-spouse.

You are going through a divorce, and money is tight. You are not making as much money as your ex-spouse. You are considering requesting alimony, but know it probably will not go over well with your ex. After all, nobody really wants to pay spousal support.

So what can you do to avoid taking the case to court? Here are some ways in which you can negotiate an alimony settlement and get the money you need for living expenses after a divorce.

How Long Does Alimony Last in Texas?

Texas has guidelines in place for how long alimony should be awarded. If the marriage lasted between 10 and 20 years, spousal maintenance may not last for more than five years. If the marriage lasted between 20 and 30 years, alimony cannot last for more than seven years. If the marriage has lasted for longer than 30 years, alimony is payable for no more than 10 years. However, if the spouse is unable to earn sufficient income because they have a disability or are a caretaker of a disabled child, then alimony can remain in effect for as long as necessary.

Starting the Negotiations

Now that you are aware of the state’s alimony guidelines, you are in a better position to negotiate. Here are the steps to take:

  • Figure out your needs. Before you can start negotiations, you need to understand your financial situation. There is no standard formula for alimony, so it is up to you to figure out how much money it will take to comfortably meet your needs. Look at your expenses. Are they more than your income? If so, calculate the difference. This will help you determine how much alimony you ask for.
  • Understand your spouse’s resources. When negotiating alimony, keep in mind that it is not all about what you want. You need to consider your spouse’s resources. You may want an extra $5,000 a month, but if your spouse cannot afford that much, then you are out of luck. The court will not make your spouse poor so you can profit off of them. So to negotiate a fair settlement, you will need to take into consideration your spouse’s assets and income. Income is not just salary. It also includes bonuses, overtime pay, employee, stocks, benefits, and more. Your lawyer can help find out all this information.
  • Be flexible. Do not take an all-or-nothing approach. Look at things from your spouse’s point of view and be willing to negotiate. For example, if you are entitled to five years of alimony, can you maybe take a higher-than-usual amount for just three years? Or maybe you can get something besides alimony? Look for creative ways to solve your problem.

Contact a Pearland TX Divorce Attorney

A divorce comes with many elements. If you are struggling to make ends meet after ending your marriage, you may have a right to request alimony (i.e. post-divorce spousal support from Chapter 8 of the Texas Family Code).

https://powellfirm.com/About/ can help you understand your alimony rights and obligations. We can assist you in getting an alimony settlement that fits your needs. To schedule a consultation, fill out the online form.

Get In Touch With Us Today
Request a Consultation

To schedule a meeting with an attorney, please call 832-850-6095 or complete this contact form. We’ll be in touch with you as soon as possible.

Fields marked with an asterisk (*) are required.

Disclaimer

What Our Clients
Have To Say

  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)

READ MORE TESTIMONIALS