4 FAQs on Divorce Alimony Laws in Texas

Alimony, also known as “spousal support”, is a legal obligation on a person to provide a certain amount of money to their spouse during or after their divorce to support their spouse’s basic expenses. The money to be paid for alimony could either be mutually decided and agreed upon by both the parties or ordered by the court. Besides money, there is a lot of other information that couples going through a divorce in Texas must know. Continuing the discussion further, this blog post discusses some of the most frequently asked questions on divorce alimony in Texas. Have a look.

1. Who is Entitled to Divorce Alimony? 

It is the court that decides whether the spouse demanding spousal support is entitled to it or not. The court orders spousal support for either spouse if:

1. The spouse seeking alimony support:

• Is unable to earn adequate income to fulfill minimum reasonable needs due to an physical or mental disability. 

• Has been married to the other spouse for 10 years or longer and is unable to earn adequate income to fulfill minimum reasonable needs. 

• Is the custodian of a mentally or physically disabled child and is unable to earn adequate income to pay for the minimum reasonable needs as the child requires care and supervision. 

2. The spouse, from whom the support is demanded, received deferred adjudication or was pronounced guilty of a criminal offense such as an act of family violence against the other spouse or the other spouse’s child during their marriage and provided the offense occurred while the divorce case is pending or within two years before the filing for divorce.


2. What is the Payment Period?

According to Texas laws, most divorce alimony orders have a fixed period. Cases in which a spouse is physically or mentally disabled or is the custodian of a child with a physical or mental disability, the court may order for permanent spousal maintenance or till the time the condition exists. In most cases, the payment period of the alimony depends on the duration of marriage and the relative earnings of the spouse.

3. How much is the Amount of Support?

The amount of money to be paid in the alimony support is decided by the court. Before setting the alimony amount, the court considers various factors such as the monthly income of the either spouse, the reasonable expenses of either spouse. As per Texas law, the upper limit of the monthly alimony support cannot exceed $5,000 or 20 percent of the paying spouse’s average monthly gross earnings, whichever is less.

4. What is the Presumption against an Alimony Order? 

The court starts with a rebuttable presumption that alimony support is not justified unless the spouse seeking alimony support can prove that they have made a sincere effort to earn income or to develop skills to provide for the basic needs during the separation and divorce proceedings.

Conclusion

These were some of the most common questions that people ask when seeking for a divorce alimony. In addition to the information given in this blog post, there are a lot of other things that must be considered when filing for a divorce. The divorce alimony laws in Texas are a little tricky for people to understand, and therefore, you must consult an experienced and reliable divorce attorney in Texas to ensure they follow correct procedures and rules to make their case strong in front of the court.