Alimony is a complex and sometimes contentious issue in Texas divorces. Either spouse can request alimony (called “spousal maintenance” in the Texas Family Code), but that doesn’t necessarily mean they’ll get it. Courts consider many factors when deciding whether to award alimony and how much the recipient spouse will get. Knowing the factors courts look at when making alimony decisions can help you make a strong case for alimony and plan for your financial future.
Which Spouse Gets Alimony in Texas?
In Texas, either spouse can receive alimony. The courts examine specific criteria outlined in state law to determine if a spouse qualifies for financial support once the divorce is final.
Eligibility for Alimony
A spouse might get alimony if they do not have enough property after the divorce to meet their basic needs. Beyond this, one of the following must also be true:
- Family Violence – The spouse requesting alimony was a victim of family violence by their ex-spouse within the last two years before filing for divorce or while the divorce case was ongoing.
- Inability to Earn Enough – The spouse seeking alimony cannot earn enough money to meet their needs for some reason. For example, a spouse can receive alimony if they have a physical or mental disability that stops them from earning enough to cover their basic needs. A spouse might also receive alimony if they were married for at least 10 years and cannot earn enough to cover their bills. Finally, a spouse who is taking care of a child from the marriage who has a physical or mental disability might receive alimony if taking care of the child prevents the spouse from working.
Factors the Court Considers
When deciding whether to award spousal support and how much the recipient spouse will get, the courts look at many factors, including:
- Each Spouse’s Ability to Provide for Their Needs – This includes examining each spouse’s financial situation after the divorce.
- Education and Employment Skills – The court checks the education and job skills of the spouse asking for alimony and how long it might take them to get the training or education needed to earn a sufficient income.
- Length of the Marriage – The duration of the marriage can affect the decision, with longer marriages possibly leading to higher alimony payments.
- Age and Health – The age, work history, earning capacity, and physical and emotional well-being of the spouse seeking alimony are considered.
- Child Support and Maintenance – The court considers how providing child support or alimony to the other spouse affects each person’s ability to meet their own needs.
- Unusual Spending or Property Actions – If either spouse has made unusual or excessive expenditures, destroyed property, or hidden assets, it can impact the alimony decision.
- Contributions to the Other Spouse’s Earning Power – The courts take into account contributions by one spouse to the other’s education, training, or earning ability.
- Property Brought into the Marriage – The property that each spouse brought into the marriage can influence the alimony decision.
- Homemaking Contributions – Courts also consider a spouse’s contributions as a homemaker when making alimony decisions.
- Marital Misconduct – Any marital misconduct, like adultery, cruel treatment, or domestic violence, by either spouse can impact the alimony decision.
How Long Does Alimony Last?
The duration of alimony payments primarily depends on the length of the marriage, according to the following guidelines:
- Less Than 10 Years with Domestic Violence – If the marriage lasted less than 10 years and the supporting spouse was convicted of domestic violence, alimony can last up to five years.
- 10 to 20 Years – For marriages that lasted more than 10 years but less than 20, alimony can last for up to five years.
- 20 to 30 Years – In cases where a marriage lasted between 20 and 30 years, the courts can award alimony for up to seven years.
- 30 Years or More – For marriages that last for 30 years or more, a spouse can receive alimony for up to 10 years.
Keep in mind that these are general guidelines. Your attorney can analyze your situation to determine how long alimony payments might last and advocate for an award that fully meets your needs.
Is There a Cap on Alimony Payments?
The Texas Family Code says alimony payments cannot exceed $5,000 per month or 20 percent of the paying spouse’s average gross monthly income, whichever is less. This rule prevents former spouses from paying onerous amounts that might affect their own standard of living.
Contact Our San Antonio Alimony Lawyers Now
If you have questions about alimony in Texas or are worried about whether you’ll get a fair deal, Higdon, Hardy & Zuflacht, L.L.P. can help. Our board-certified family law attorneys understand the laws that apply to these cases and can protect your rights throughout the divorce process. Call (210) 349-9933 today or complete our contact form for a consultation.