Alimony In Texas

How Long Does Alimony Last In Texas

Does Texas Have Alimony

Spousal maintenance or alimony is sometimes awarded by courts in Texas based on certain factors.  But the party asking for spousal support must demonstrate that they are unable to provide for themselves without spousal support. There must also be evidence that either the paying spouse has either been convicted of domestic violence or 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

There is a maximum amount a court can award but it can usually end up being 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 an amount that is more than the legal maximum amount.

There is no limit for the amount that the paying party can pay for contractual alimony. But you can’t modify contractual alimony like you can modify court-ordered spousal maintenance.

Requirements For Alimony

How Much Alimony Will I Get In TX

Courts in Texas do not often award spousal maintenance and 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 that 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

Alimony In TexasThe court decides how long you can expect to receive spousal maintenance and they mostly base 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 for more than 30 years, the alimony payments can last for up to a maximum of ten years.

What If You Have Not Worked For Years?

How Does Alimony Work In Texas

Spouses that 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 you have been out of work for decades.  But being out of work for so long may help you convince a judge to grant you alimony as you prepare to re-enter the workforce.

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