Does Texas Have Alimony?
According to the famous saying, everything is bigger in Texas. But this does not apply to alimony payments in the state.
If you are getting a divorce, you may wonder about your ability to receive alimony, or maybe you are concerned about paying it. Texas does have alimony, but it is strict about it. In fact, Texas is one of the most difficult states to receive alimony in a divorce.
There are two main types: court-ordered alimony, the proper term for which is “post-divorce spousal maintenance,” and contractual alimony. This means the parties can agree to it on their own (contractual alimony) or a judge can decide on it (court-ordered alimony).
Texas law favors contractual payments. While it can be court-ordered, there are strict limits placed on the amount of alimony that can be awarded. No matter how much the paying spouse earns, alimony can never exceed $5,000 per month or 20% of their monthly income, whichever is smaller.
Texas limits spousal support so that the recipients do not rely on it too much. The goal is to encourage people to be active in the workforce, if possible. Texas discourages long-term alimony, as it could discourage someone from working.
Who Can Receive Alimony?
In order to be eligible for court-ordered alimony, the spouse seeking alimony must lack sufficient property once the divorce is final to provide for their “minimum reasonable needs.” They must also prove one of the following:
- They are disabled and unable to earn enough income to provide for their own needs.
- The marriage lasted 10 years and the spouse seeking alimony has attempted to earn income but is unable to earn enough to provide for their minimum needs.
- The spouse seeking support has custody of a child of the marriage who needs substantial care and supervision due to a medical issue.
- There has been domestic violence towards the spouse seeking support for their child within two years of the divorce.
The length of the alimony award depends on the length of the marriage:
- A marriage of fewer than 10 years results in no award (unless there are other reasons to support one).
- A marriage of 10 to 20 years is eligible to receive post-divorce maintenance for up to five years.
- A marriage of 20 to 30 years is eligible to receive post-divorce maintenance for up to seven years.
- A marriage of more than 30 years is eligible to receive post-divorce maintenance for up to 10 years.
Alimony can end early in Texas if the recipient spouse cohabitates with a romantic partner or if they remarry. Alimony also ends when either party dies.
Contact Our Texas Divorce Lawyer Today
Like all states, Texas does have alimony, but the laws are stricter and it is not common. The courts prefer that couples come to their own agreement regarding the support.
Is alimony a possibility in your divorce case? Get answers to your questions by contacting Texas divorce attorney John Powell III, P.C. We will give you solid legal advice and help you protect your interests. Schedule a consultation today by calling 832-850-6095 or filling out the online form.