If you are going through a divorce in Texas, it is helpful to understand what “spousal maintenance,” often referred to as alimony, means. However, this supportive financial assistance is frequently misunderstood and raises several important questions, including how it works in Texas and how you qualify.
In the guide below, we will shed light on these aspects of spousal maintenance and provide insights to assist you in managing the financial aspects of your divorce in Texas.
Who Is Eligible for Alimony in Texas?
In Texas, either spouse can ask for alimony, provided they meet specific legal criteria. To qualify, the dependent spouse must complete two critical steps.
First, they must demonstrate that their property and income fall short of satisfying their basic reasonable needs following the divorce. This requires demonstrating their financial vulnerability and inability to cover basic living expenses. Once the dependent spouse meets this initial requirement, they must show that at least one of the following situations applies:
Duration of Marriage
The couple has been married for a minimum of ten years. Additionally, the dependent spouse must demonstrate that they cannot earn enough income to meet their basic needs due to various factors such as age, limited work experience, or inadequate education.
Incapacitating Disability
The dependent spouse may not be able to earn sufficient income for self-sufficiency due to a debilitating mental or physical disability. This may involve conditions that greatly hinder their capacity to work or participate in daily activities.
Child Custody and Disability
The dependent spouse retains custody of their child who needs significant care and supervision because of a disability. The child’s condition must impede the dependent spouse from generating enough income to meet their basic needs.
Family Violence
If one spouse has been convicted of domestic violence against the other spouse or their child during the divorce process, or within the two years prior to filing for divorce, this conviction can offer a compelling reason for the dependent spouse to request maintenance support.
Long-Term Marriages
In long-term marriages, if one spouse indicates they cannot earn enough to cover their basic needs without depending on the previously discussed factors, the law presumes that alimony is unwarranted. This is unless the spouse can prove they have sincerely tried to obtain adequate income or acquire necessary job skills throughout the separation and divorce proceedings. This requirement encourages self-sufficiency and individual responsibility in achieving financial stability.
Factors Influencing Alimony Amounts
When determining eligibility for alimony, the court evaluates various factors to arrive at a fair and just amount. These factors include:
- The marriage duration
- Each spouse’s financial resources
- Actions taken by the “receiving” spouse to secure employment
- The age, physical health, and emotional state of the spouse requesting support
- Contributions made by one spouse to the education or earning potential of the other
- Any marital misconduct, such as cruel treatment or adultery
- History of family violence
The court considers these factors to achieve a fair alimony decision that accounts for the specific circumstances of each case. Its primary objective is to balance both spouses’ financial needs and resources while encouraging the recipient spouse’s economic independence. For more information about these factors, reach out to an experienced family law attorney in Texas who can thoroughly evaluate your case.
Need Help with Alimony? Contact an Experienced Texas Family Law Attorney Today
Are you dealing with an alimony issue in Texas and need clarity on your rights and responsibilities? Reach out to Guest & Gray today to consult with our skilled family law attorneys, who can assist you with these complex matters and provide you with the information you need.
