Duration of Alimony Payments in Texas
The Texas Family Code sets out guidelines for the court to determine the length of time which spousal maintenance payments can be ordered. The court may consider the length of the marriage or the basis for the spousal maintenance claim. The guidelines provide caps on the duration of payments; therefore it is not mandated for the court to award the durational cap for every case. In fact, the court is to keep the order to least amount time that will allow for the requesting spouse to develop the capability of earning a sufficient income to provide for their reasonable minimum needs.
- The length of marriage is less than 10 years, but family violence has occurred – the court may award payments up to 5 years
- The length of the marriage is between 10-20 years – the court may award payments up to 5 years
- The length of the marriage is between 20-30 years – the court may award payments up to 7 years
- The length of the marriage is more than 30 years – the court may award payments up to 10 years
- Disabled child of the marriage or a disable spouse may receive payments for as long as the spouse meets the eligibility requirements (See Spousal Maintenance Eligibility in Texas)
Every case has different facts and therefore there is no ‘cookie-cutter’ formula to determining the amount or duration of spousal maintenance that can be ordered. The court’s broad discretion in deciding the duration of a spousal maintenance order provides for flexibility to insure that the purposes of the payments are being met. Spousal maintenance is designed to restore a spouse’s diminished earning capacity that occurred during a marriage, therefore numerous factors can contribute to why and how spousal maintenance payments are ordered.
Want to learn more about alimony durations? Contact an experienced family law attorney at our office.