Learn the Basics of Alimony in Texas
One of the most-often asked questions spouses ask about during a divorce consultation is whether they will be required to pay alimony or if they will be able to receive alimony, as well as how much and for how long. The answer to that question depends upon your specific circumstances as they relate to Texas’ spousal maintenance laws.
Eligibility Requirements for Alimony
To be eligible for spousal maintenance in Texas, you must meet stringent eligibility standards set out in the Texas Family Law Code.[1] For instance, the spouse seeking alimony payments must be able to show that the other spouse was convicted of domestic violence within two years of the date of filing for divorce. The spouse seeking alimony may also receive maintenance if she or he can show an inability to earn sufficient income due to an incapacitating physical or mental disability on his or her part or on the part of a child of the marriage. Finally, a spouse who will lack sufficient property after divorce is also eligible for alimony if the marriage has lasted for 10 years or longer.
In all instances, a court will work under the presumption that neither spouse requires maintenance. To rebut that presumption, you must be able to show that you worked diligently in an attempt to earn a sufficient income.
Factors That Influence Alimony Payments
Courts determine alimony payments on a case-by-case basis by evaluating a variety of factors, including:
- The education and skills of each spouse
- The duration of the marriage
- The contributions of each spouse (monetary, as a homemaker)
- Marital misconduct
- Any history of family violence
These are only a few of the many factors a judge will consider. Make sure you provide the court with as much information about your marriage during your alimony discussions to ensure your result is as equitable as possible.
Learn More About Texas Alimony
Review the following information to learn more details about everything that is involved in the alimony process in Texas:
- What do I really need to know about Texas alimony laws?
- What are the spousal maintenance eligibility laws?
- How much do alimony payments cost each month?
- How long do alimony payments last in Texas?
- Can I calculate my specific alimony / spousal maintenance payments?
You may also review our alimony legal terminology page to read definitions to common terms used during the divorce process.
Get the Knowledgeable Guidance You Need to Make a Strong Alimony Claim
Due to these rigid requirements and statutory limits on the amount and duration of alimony payments a spouse can receive, it is imperative that you work with an experienced, knowledgeable attorney. Such an attorney can help you craft your case and shape your argument in a way that will get the court to agree to your request. For caring, dedicated representation during your divorce, call 972-353-4600 today. We can help you make today the first day of the best half of your life.