Am I Entitled to Alimony in My Texas Divorce?

 Posted on February 10, 2022 in Divorce

Whether it is called alimony, spousal support, or maintenance, Texas law does recognize the concept of one spouse making periodic payments to the other spouse during and/or following their divorce proceedings. Although alimony may be available to you in your divorce case, there have been significant changes to alimony under Texas law in recent years, resulting in far fewer spouses being eligible to receive alimony. In fact, Texas has a reputation for being one of the hardest states to be awarded spousal support in. However, that does not mean you will not qualify. A skilled Austin complex divorce attorney can advise you what your legal options are.

Determining Whether You Qualify for Alimony

The easiest way to receive alimony is if you and your spouse can come to an agreement and that agreement is included in your final divorce decree that is approved by the court. The court will likely approve the agreement, even if the receiving spouse would not have normally qualified under Texas law.

This is also another reason why prenuptial agreements are a good idea because alimony can be discussed and agreed upon long before the couple’s marriage breaks down.

However, even if a couple does not have a prenup that addresses alimony or they cannot reach an agreement, the court could still award alimony if the spouse seeking alimony will still be lacking enough assets and/or property to meet their reasonable means and one of the following factors are also present:

• The spouse has substantial responsibilities as the custodial parent of the couple’s child who has a physical or mental disability and requires significant care.

• The spouse has a physical or mental disability

• The couple was married for a minimum of 10 years.

The court may also award alimony to a spouse if the other spouse was convicted of an act of domestic violence that was committed within two years of the divorce being filed or while the divorce was pending.

If Awarded, How Long Will Alimony Payments Last?

The length of time a spouse may be ordered to pay their ex-spouse alimony under Texas law depends on the length of time the couple was married:

• If the couple was married 10 to 20 years, there is a five-year cap on alimony.

• If the couple was married between 20 to 30 years, there is a seven-year cap on alimony.

• If the couple was married more than 30 years, there is a 10-year cap on alimony.

The court may order alimony in marriages that last less than 10 years if the receiving spouse was a victim of domestic abuse. They would be entitled to alimony for up to five years.  

Call a Texas Alimony Attorney Today

If you are going through a divorce and are unsure if you are entitled to alimony, call Powers Kerr & Rashidi, PLLC at [phone]] to schedule a free consultation with one of our dedicated Austin, TX high asset divorce attorneys to ensure your best interests are protected.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm