Who Can Get Alimony in Texas?

Alimony is common in many divorces and can be a significant concern for divorcing couples. As a result, it is helpful for divorcing couples to understand how alimony is determined and in what circumstances alimony may be awarded, if not agreed to by the divorcing couple. Divorcing couples may have a variety of questions and concerns related to alimony.

Who gets alimony and how much alimony they get varies based on each situation. The spouse seeking alimony must demonstrate that they need alimony to qualify to receive it. To demonstrate that they are eligible to receive alimony, the spouse seeking alimony must be unable to afford to meet their basic needs. Their basic needs must be set at a reasonable minimum. In addition, one of two conditions must also be met for the spouse seeking alimony to qualify for alimony.

To qualify for alimony in Texas the paying spouse must have engaged in domestic violence or the recipient spouse is unable to earn enough income to support their reasonable needs. If the recipient spouse is unable to meet their financial needs, they must also be unable to do so because of a physical or mental disability; be unable to do so because they care for a child from the marriage who requires exceptional care because of a physical or mental disability, or the marriage lasted for 10 years or longer.

Once the conditions to receive alimony are met in Texas, the court will determine the amount of alimony that is due and the duration for which it will be paid. There are certain guidelines it is helpful for divorcing spouses to be familiar with when considering alimony and it can help for them to know what to expect.

Source: Statelaws.findlaw.com, “Texas Alimony Laws,” Accessed June 21, 2017

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