Divorce Alimony in Texas

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In Texas, the more usual term for alimony is “spousal maintenance”. This amount is given by one partner to the other so that they can start their life anew, post divorce. It is not easy to take care of the house and the children when the major source of income is no more a part of the family and that is why the judge decides who will give spousal maintenance and what amount. Divorce alimony in Texas can be decided by the couple if they want to end the relationship amicably, however, if they do not want to do so, the law takes care of the same.

There are certain factors that decide the divorce alimony in Texas. Some of the factors are stated below:

Factors that decide Divorce Texas Alimony

It is expected that the court should take into account below stated points and then finalize the manner, duration, amount and nature of the spousal maintenance payments.

  • What property has been brought into the marriage by each partners?
  • Has one partners made any inputs to the education, training or enhanced earning power of the other partner?
  • The relative financial sources of the parties inclusive of insurance, retirement, medical or other benefits as well as the separate property of each partner
  • Had any of the spouses committed certain acts that have related in abnormal or excessive expenses?
  • Was any spouse a part of fraud, secrecy, and destruction of joint possessionor other property held in common?
  • Does the spouse, from whom spousal maintenance is demanded, have the capacity to perform the following 2 items?
    • Fulfill their personal requirements as well as that of the spouse asking for alimony.
    • Providing child support payments is one of the basic requirements.
  • The emotional state, physical condition, earning ability, employment record and partner's age seeking alimony.
  • The duration of marriage is one of the basic things. The facts should be given in the court showing how much have both the partners given to their relationship.
  • The relative educational levels and employment skills of both spouses.
  • What duration is essential for the spouse requesting maintenance to attain enough education and training to seek proper employment? Whether such an education or training is available, what is the practicality of such education and training?
  • The financial sources of the spouse pleading for alimony, inclusive of the separate and community property.
  • What liabilities have been allocated to the partner seeking maintenance during the dissolution proceedings? Is this partner capable to fulfill their own requirements independently?

Eligibility for Divorce Texas Alimony

2 categories of individuals possess eligibility for spousal maintenance in this state.

When the duration of marriage is minimum 10 years and the spouse cannot support self

The spouse asking for alimony

  • Has experienced a marital life of at least 10 years
  • Is in shortage of enough property (including the property given during divorce proceedings) to fulfill the minimum reasonable requirements
  • Obviously does not have the earning capacity in the labor market that would be enough to cater to the minimum reasonable requirements of life
  • Is the custodian of a child. The physical and mental disability of this child evokes the need of personal supervision and considerable care. The overall scenario demands that this spouse should not be employed outside the residence
  • Has incapacitating mental or physical disability due to which he/she cannot be suitably employed and hence cannot support self

When a spouse has been involved in a crime that may be labeled as family violence for reasons of Protective Order.

The partner, who would become a payer of spousal maintenance, was convicted of or got delayed arbitration for a criminal offense that is a part of family violence. Such an offense took place

  • While the lawsuit was pending, or
  • Within 2 years prior to the date on which the litigation for dissolution of marriage was filed

Most of the times people solve their problems by talking to each other in order to avoid the devastating process of ending the relationship, and also at that time they decide the alimony and the rate of alimony. This can also be done through mediation, but there are times when the partners are excessively angry with each other. When situations are bad and the partners are unable to solve the problems, the law decides the rate and person who has to give alimony to the other. Every place has different rules and regulations regarding child custody and alimony, and that is why it is necessary to talk to an experienced attorney and then settle the matters.

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