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Understanding Your Rights and Obligations
When going through a divorce, one of the most frequently asked questions is whether spousal support (alimony) will be awarded. In Texas, alimony, referred to as “spousal maintenance”, is not automatically granted. It is subject to very specific legal requirements, and it is often the result of a court order or a private settlement agreement.We provide expert legal counsel to help you understand and navigate the complexities of alimony, whether you are seeking spousal support or need to protect yourself from potential obligations.
Why Choose Us for Alimony Cases?
Experienced Family Law Attorneys
With over 30 years of experience in family law, we understand the complexities of spousal maintenance and can guide you through the process, whether you are the recipient or the payer.
Comprehensive Legal Support
From negotiating settlements to representing you in court, we offer strategies for both seeking and contesting alimony claims.
Dedicated to Your Financial Well-Being
We take a personalized approach to ensure that the terms of your alimony agreement are fair and legally sound, reflecting your financial situation.
Understanding Alimony and Spousal Support in Texas
Alimony, or spousal maintenance, is financial support paid by one spouse to the other following a divorce. In Texas, there are specific legal requirements and conditions for alimony to be granted. Texas law favors private agreements (settlements) between spouses over court-ordered alimony but does allow alimony in certain circumstances. To qualify for spousal support, the requesting spouse must meet one of the following criteria:
Lack of Sufficient Property
The spouse seeking maintenance must lack sufficient property, including separate property, to meet their minimum reasonable needs after the divorce.
Circumstances for Awarding Alimony
Family Violence: If the paying spouse has been convicted of or received deferred adjudication for an act of family violence committed during the marriage or while the divorce is pending.
Incapacitating Disability: The spouse seeking support has a physical or mental disability preventing them from providing for their needs.
Child Custody: The spouse seeking maintenance is the custodian of a child with a physical or mental disability requiring substantial care.
Long Marriage: If the marriage lasted for 10 years or more, the spouse may be eligible for spousal maintenance, even without physical or mental incapacity.
How is the Amount of Alimony Determined in Texas?
Once eligibility is established, the court will determine how much alimony is appropriate based on several factors, including:
The financial needs of the requesting spouse and the ability of the other spouse to pay.
The length of the marriage: Longer marriages are more likely to result in spousal maintenance.
The requesting spouse’s education and employment history: The court will consider whether the spouse has the ability to support themselves after the divorce.
The health and age of the requesting spouse.
The contribution of the requesting spouse as a homemaker or caregiver.
The ability of the paying spouse to support both themselves and their ex-spouse.
Limits on Alimony Payments
If awarded, spousal maintenance is limited by the following:
Up to $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is less.
The duration of alimony is also limited, and it depends on the length of the marriage:
Up to 5 years for marriages lasting less than 10 years.
Up to 7 years for marriages lasting 20 to 30 years.
Up to 10 years for marriages lasting 30 years or more.
In cases involving incapacitation or a child’s disability, support can continue indefinitely
Common Questions About Child Support in Texas
Find answers to frequently asked questions about the child support process.
Does Texas have alimony?
Yes, Texas has spousal support (alimony), but it is subject to strict eligibility requirements. It is more common for spouses to agree on alimony as part of a divorce settlement rather than having the court order it.
Is spousal support mandatory in Texas?
No, spousal support is not mandatory. A judge will only award spousal maintenance if the spouse requesting it meets the specific eligibility criteria. Even if eligible, the judge has discretion to award an amount and duration that is appropriate based on the circumstances.
How is alimony calculated in Texas?
The amount of alimony is based on the needs of the requesting spouse, the paying spouse’s income, and factors such as the length of the marriage, the requesting spouse’s ability to earn income, and the standard of living during the marriage.
Can alimony be modified?
Yes, alimony payments can be modified if there is a significant change in circumstances, such as a change in income, the recipient’s needs, or the paying spouse’s financial situation.
Why You Need an Experienced Alimony Lawyer
Alimony cases are often complex and emotionally charged. Whether you are seeking spousal support or trying to protect yourself from excessive obligations, having a skilled lawyer is essential. We offer experienced legal representation to help you navigate the alimony process and achieve a fair outcome.