What is Alimony in Texas Who Qualifies and How It Works
Alimony is the financial support provided by one spouse to the other after a divorce. It is a court-ordered spousal maintenance that aims to help a spouse with insufficient resources meet their needs. If you are in the process of getting a divorce, understanding how alimony works in Texas, its qualifications, and court requirements can help set expectations for your case.
Spousal Support Law in Texas
Texas defines spousal support carefully, and it may not be granted in every divorce case. Instead, it’s meant to be a temporary solution to help the recipient spouse become self-sufficient. Compared to other states, Texas has specific eligibility standards and considerations that must be met by the requesting spouse before the court orders spousal support.
Who Qualifies for Alimony in Texas?
The first important requirement to qualify for spousal support in Texas is that the requesting spouse must present proof of financial need. Aside from that, the spouse must also meet one of the following statutory conditions:
- Recent Family Violence: Spousal maintenance can be awarded if, within the two years preceding the divorce or during the divorce, the paying spouse has been convicted of or received deferred adjudication for an act of family violence against the other spouse or their child.
- Marriage of 10 Years or More: The requesting spouse may also qualify if the marriage lasted at least 10 years and they are unable to earn enough income to meet their reasonable needs. Another consideration by the court is if the spouse made significant sacrifices, such as staying home to care for children or limiting career opportunities during the marriage.
- Requesting Spouse Disability : If a spouse is incapable of supporting themselves due to a mental or physical disability, they can be eligible for financial support.
- Child Care Challenges: The requesting spouse can be awarded spousal maintenance if they are the caregiver for a child of the marriage who requires substantial supervision or care due to a physical or mental disability and can’t earn income.
Factors to Consider by the Court in Determining Alimony
Once eligibility is established, the courts look at several factors to determine the amount and duration of spousal maintenance. These factors include:
- The financial resources and earning capacity of each spouse.
- Contributions made by one spouse to the other’s education, training, or career advancement.
- The physical and emotional condition of both spouses.
- The length of the marriage.
- Marital misconduct, such as adultery or other behaviors that contributed to the breakdown of the marriage.
- Efforts made by the requesting spouse to get employment or training to become financially independent.
To be fair to both parties, the court takes into account the individual situations of each case.
Duration of Alimony Payments
Spousal support in Texas is temporary, and the payments will only last as long as necessary to help the recipient spouse become self-sufficient. The law puts strict limits on the maximum duration of alimony payments based on the length of the marriage:
- Marriage less than 10 years: No maintenance unless there is family violence or a qualifying disability.
- Marriage 10 to 20 years: Up to 5 years of support.
- Marriage 20 to 30 years: Up to 7 years of support.
- Marriage more than 30 years: Up to 10 years of support.
The court can extend payments beyond these time limits if the recipient spouse is disabled or caring for a disabled child.
Modifications and Termination
Spousal support is subject to change. It can be modified if there are significant changes in the circumstances for either party, such as a substantial shift in income. Moreover, alimony is also open for termination once the recipient remarries or engages in a romantic relationship and lives with another person. It also terminates upon the death of either party.
Trusted Legal Guidance for Alimony Matters
Planning to apply for spousal support in Texas can be complicated, and the courts carefully consider each family’s situation when making decisions. It’s important to seek professional legal advice for divorce cases involving alimony to protect your rights and ensure your best interests are represented.
Mike Warner of The Warner Law Firm has experience handling family law cases, including spousal support. Our team deals with each case with a personal approach and is dedicated to providing excellent service. You can count on us to be with you throughout the process. Contact The Warner Law Firm today to schedule a consultation and learn how we can help with your family law matter.
