How Is Alimony Calculated in Texas?

 Posted on October 31, 2024 in Spousal Support

When a couple goes through a divorce, spouses are often concerned about how they will manage financially once their assets and properties are divided. One way for people to cope with this challenging transition is through alimony, which is officially known as spousal support. This is a court-ordered form of financial assistance paid by one former spouse with more means to the other. Speak with an experienced Austin, TX divorce lawyer to discuss your options for alimony. 

Who Is Eligible for Spousal Support in Texas?

According to Texas law, there are specific conditions that need to be met before someone can be considered eligible for alimony payments. The first requirement is that the person requesting alimony needs to prove he or she cannot cover their minimum expenses independently after divorce. If that can be demonstrated, one of the following also needs to be true:

• The couple was married for at least ten years and the recipient spouse cannot earn a sufficient income.

• The paying spouse was convicted of domestic violence or received deferred adjudication for it.

• The spouse seeking alimony has some disability making it impossible to earn a sufficient income.

• The spouse seeking alimony cannot earn a sufficient income because a child in his or her custody has significant special needs that make it impossible to pursue a lucrative career.

What Factors Determine How Much Is Paid in Alimony?

If it is determined that one spouse is eligible for alimony, the court will examine several factors to decide how much alimony should be paid. These factors include:

• How long the couple was married

• Each spouse’s financial resources

• The receiving spouse’s attempts to obtain a decent income 

• How either spouse contributed to the other’s education or earning capacity

• Any property either spouse brought into the marriage

• Whether either spouse took on the majority of home maintenance responsibilities

• Any history of domestic violence

• Whether there was marital misconduct by either spouse, including adultery or abandonment.

Guidelines for Calculating Alimony Amount and Duration

Alimony payments in Texas will be either 20 percent of the paying spouse’s average monthly gross income or $5,000 a month, whichever is the lower amount. The duration of these payments is based on the duration of the marriage. If the couple was married for 10-20 years, alimony can be ordered for up to five years. If they were married for 20-30 years, alimony will likely be for up to seven years. If they were married for at least 30 years, alimony might last for up to 10 years. In some cases, particularly if a spouse or their child has disabilities, there might be no predetermined limit.

Contact a Travis County, TX Alimony Lawyer

If you are considering divorce but are concerned about spousal support payments, a seasoned Austin, TX divorce attorney can answer your questions. At Powers Kerr & Rashidi, PLLC, we are passionate about advocating on behalf of our clients’ best interests and helping you get a favorable outcome. Call us at 512-610-6199 to schedule a private consultation so we can review your case and explain how we plan on protecting your rights.