How Long Does Alimony Last In Texas
Does Texas Have Alimony
Courts in Texas sometimes award spousal maintenance or alimony based on certain factors. However, the party asking for spousal support must demonstrate that they cannot provide for themselves without spousal support. There must also be evidence that either the paying spouse has been convicted of domestic violence or is facing deferred adjudication related to domestic violence, or there is a child with a disability involved, and the other parent needs help providing care for that child.
It’s not unusual for both divorcing spouses to have questions about how long the spousal support or alimony payments will continue. A trusted divorce attorney will answer all your questions.
How Much Money Can You Get In Spousal Support?
How Much Is Alimony In Texas
A court can award a maximum amount, but it can usually be around 20% of the gross monthly income of the person paying alimony. That means that you cannot receive more than the maximum amount limit even if the paying spouse has a sizable income. You can negotiate contractual alimony into your divorce agreement that allows for more than the legal maximum amount.
There is no limit to the amount the paying party can pay for contractual alimony. But you can’t modify contractual alimony like you can modify court-ordered spousal maintenance.
Alimony (Spousal Maintenance) in Texas
Factor |
Details |
|---|---|
Eligibility |
Spouse lacks sufficient property and meets specific criteria (e.g., long marriage, disability, family violence). |
Duration |
5-10 years, depending on the length of the marriage or disability. |
Amount Limit |
Lesser of $5,000 per month or 20% of the paying spouse’s income. |
Key Considerations |
Marriage length, financial resources, contributions, age, employment skills, marital misconduct. |
Modification/Termination |
Can be modified with significant changes and ends upon remarriage or death. |
- Eligibility Requirements: To qualify for alimony (spousal maintenance), the spouse seeking support must demonstrate a lack of sufficient property to meet their basic needs and meet one of the eligibility criteria listed in the table.
- Maximum Duration: The duration of alimony payments is capped based on the length of the marriage, with the possibility of indefinite support in cases involving disability.
- Amount Limitations: Alimony is capped at $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is lower.
- Considerations for Amount: The court takes into account several factors, including the marriage duration, financial resources, contributions to the marriage, and any marital misconduct, to determine the alimony amount.
- Modification/Termination: Alimony can be adjusted if significant life changes occur, such as a job loss or a major health issue. It usually ends if the receiving spouse remarries or if either spouse passes away.
Requirements For Alimony
How Much Alimony Will I Get In TX
Courts in Texas do not often award spousal maintenance; in most cases, couples usually agree on alimony as part of the divorce settlement without the involvement of courts. But to receive alimony, the party that is seeking alimony must demonstrate that at least one of the following situations applies:
- The marriage lasted for at least ten years, and the party seeking alimony does not have any means of supporting themselves or cannot earn enough to meet their basic needs
- The child of both parties has a disability, and the party seeking spousal support is the one who cares for the child, and this prevents the requesting spouse from earning sufficient income.
- The paying spouse was arrested and convicted of domestic violence two years before filing for divorce.
- The spouse seeking alimony has a physical or mental disability that prevents them from earning sufficient income to support themselves.
How Long Does Spousal Maintenance Or Alimony Last?
Is Texas An Alimony State
The court decides how long you can expect to receive spousal maintenance, and it mostly bases this decision on the number of years the marriage lasted. A maximum duration of five years is normally awarded if the marriage lasted between 10 and 20 years or if there was family violence and the marriage lasted for less than ten years. Couples married between 20 and 30 years can expect a maximum duration of seven years.
If the marriage lasted more than 30 years, the alimony payments can last up to ten years.
What If You Have Not Worked For Years?
How Does Alimony Work In Texas
Spouses who have not worked for years and are facing a divorce are expected to prepare to enter the workforce if they are able to find work. This applies even if they have been out of work for decades. But being out of work for so long may help them convince a judge to grant them alimony as they prepare to re-enter the workforce.