How is the Amount of Alimony Determined?

Texas Legal Services explains that spousal maintenance (alimony) can be awarded in Texas, but only in a minority of cases when certain circumstances are present. You may be wondering: How is alimony calculated in Texas? It is largely based on the paying spouse’s monthly income. Here, our Pearland spousal maintenance attorney provides a guide to alimony cases in Texas.

Texas has Restrictive Spousal Maintenance Laws (Awarded Less than in Other States)

A person can be awarded alimony as part of a divorce case in Texas, but it is by no means guaranteed as a matter of law. Quite the contrary, Texas has some of the most restrictive laws for spousal maintenance in the entire country. Courts in our state have less discretion to award alimony than they do in most other U.S. jurisdictions. Further, when awarded, there are also more restrictions on how much alimony can be required in Texas.

Know the Law: In Texas, eligibility for spousal support is limited to specific circumstances. It can generally only be awarded if the marriage lasted at least 10 years and the requesting spouse cannot meet their minimum reasonable needs, in cases involving family violence, or in cases involving a disabled spouse seeking alimony.

A Guide to Alimony Calculations in Texas

How exactly is alimony calculated in Texas? The answer is “it depends.” If a court determines that alimony is appropriate, the amount will be determined, in part, based on the specific financial circumstances of the case. Here is an overview of the most important things that you should know about how the amount of alimony is determined in Texas:

• A Case-By-Case Determination: First and foremost, it is important to know that when alimony is deemed appropriate, Texas courts will determine the specific amount on a case-by-case basis with careful consideration of the specific financial situation.
• There are State Statutory Caps on Alimony: Under Texas Family Code § 8.055, the court may not order spousal maintenance exceeding the lesser of: 1) $5,000 per month, or 2) 20% of the paying spouse’s average monthly gross income. The term “gross income” is comprehensive in this context. It encompasses wages, salaries, commissions, bonuses, self-employment income, and other compensation.
• Duration of Alimony Will Also Be Determined By the Court: The duration of spousal maintenance is contingent upon the length of the marriage in Texas. There is a presumption that five years of alimony is appropriate for marriages lasting between 10 and 20 years, seven years for marriages lasting between 20 and 30 years, and 10 years of alimony for marriages that lasted for 30 years or longer.

Contact Our Pearland Spousal Maintenance Attorney Today

At The Powell Law Firm, our Pearland family lawyer handles all types of spousal maintenance cases. If you have any questions about how the amount of alimony is determined, we can help. Give us a call now or contact us online for a fully confidential consultation. With an office in Pearland, we handle alimony cases throughout the wider region in Southeast Texas.