How is alimony in Texas decided during a divorce case?

The State of Texas allows couples who are seeking to terminate their marriage to cite incompatibility as grounds for obtaining a no-fault divorce. Either party involved in the divorce action must be a resident of Texas for a period of at least six consecutive months prior to filing. The individual that initiates the proceeding is known as the petitioner and must serve the respondent with papers apprising him or her of the fact that a divorce is underway.

Alimony in Texas Divorce Cases

Texas divorce laws alimony is often referred to as spousal maintenance. The court will take a variety of factors into consideration when determining who is eligible to receive support and for what period of time. A Texas family court judge can order that spousal maintenance by paid to the victim of domestic violence if their spouse was convicted within two years prior to filing the divorce petition. Marriages that lasted for 10 years or more are often awarded support but the amount cannot exceed 20% of the ex-spouses monthly gross income. The most common factors that judges consider include:

• The financial resources of the party seeking alimony
• The education and employment skills of the spouse and whether they need additional training to re-enter the workforce
• The emotional, mental and physical health of each party
• How much effort the spouse has put into finding gainful employment

Spousal support is generally awarded for a limited period, usually three years, unless the marriage was a lengthy union. The party seeking alimony may qualify for permanent support if they were married for over 10 years and are caring for a child at home that requires substantial care.

When to Hire a Texas Divorce Attorney

The State of Texas and how they award alimony differs than most states, which tend to be more liberal. Even when a spouse is awarded alimony, the laws in Texas allow alimony payments to be terminated if the receiving spouse lives with another person. If you are going through a divorce, your best option is to get legal assistance from a family law attorney who can make sure that you get what’s fair.