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Texas Alimony Laws
Recent legislative changes have made Texas' alimony law more generous. However, the law still makes it hard for divorcing spouses to receive support.
January 29, 2012 /Law and Legal PR News/ -- Texas Alimony Laws
Divorce is a difficult and stressful transition for nearly every couple. However, the situation can be much more alarming for spouses who relied on their partners for financial support.
Texas law allows some spouses to receive alimony, otherwise known as "spousal maintenance" or "spousal support," from their partners. Although legislative changes during 2011 session made Texas' alimony law more generous, it can still be difficult to qualify.
Eligibility Requirements
Spouses can qualify for alimony if the court finds that after the divorcethey will not have enough resources to meet their own basic needs and one of the following conditions are met:
-The spouse who will pay alimony was found to have committed an act of family violence within the two years preceding the divorce
-The spouse who is seeking alimony cannot earn sufficient income because of a mental or physical disability
-The couple had been married for at least 10 years and the person seeking alimony lacks the ability to earn sufficient income
-The person seeking alimony will be the custodial parent of a child of the marriage who has physical or mental disabilities, and the care required for those disabilities prevents the spouse from being able to earn sufficient income
How Alimony Is Determined
A spouse may receive monthly payment of up to $5,000 or 20 percent of their ex-spouse's monthly income, whichever is less. Courts determine alimony payments using the following factors:
-The duration of the marriage
-The age, work history, earning ability and physical and emotional condition of the spouse receiving alimony
-The effect alimony and child support payments will have on a spouse's ability to provide for his or her own basic needs
-Whether either spouse made excessive expenditures, hid assets or otherwise misused marital property
-Contributions one spouse made to the training, education or increased earning power of the other spouse
-The value of the property each spouse brought into the marriage
-The contributions of a spouse as a homemaker
-Whether either spouse committed adultery or other marital misconduct
-Whether either spouse committed acts of family violence
Generally, spouses will not be entitled to any alimony unless they can show that they are either trying to earn sufficient income on their own or working towards developing the skills necessary to be able to support themselves.
Alimony payments do not last forever. Texas law sets forth the following maximum time periods:
-Five years for couples who were married for less than 20 years
-Seven years for couples who were married for at least 20 years but not more than 30 years
-Ten years for couples who were married for more than 30 years
Texas divorce laws are very complicated, so separating spouses should not try to go it alone. If you are facing a divorce, it's important that you seek the advice of an experienced family law attorney who can help you understand your rights.
Article provided by The Perry Law Firm
Visit us at www.texaslaw4u.com
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