What if I Do Not Want to Pay Alimony?
In Texas, one spouse may be required to pay maintenance (alimony) to the other spouse following a divorce (Texas Family Code § 8.001). Alimony is not automatically granted and is only ordered in specific circumstances. If you want to avoid paying alimony, you must be prepared to take a proactive approach during the divorce process. Our divorce lawyer in Pearland, TX, can explain the key things to know if you do not want to pay alimony in Texas.
Alimony is Not Automatic in Texas Divorce Cases
First and foremost, it is important to understand that alimony is not automatically granted by law in Texas. Many people falsely assume that alimony (spousal maintenance) is a standard part of every divorce settlement. That is not the case. Texas has some of the most restrictive alimony laws in the entire country. That means that spousal maintenance is only awarded in specific circumstances. If you are concerned about being ordered to pay alimony, you should understand that the burden of proof is on the spouse seeking support.
Build a Proactive Case to Challenge Your Spouse’s Need for Alimony
If your spouse seeks alimony, you can contest their claim. Remember, Texas law imposes strict eligibility requirements. Typically, a spouse must demonstrate that they lack sufficient assets/income to support themselves and that they meet one of the following conditions:
- Your marriage lasted at least 10 years, and they cannot provide for themselves
- You were convicted of family violence within the past two years
- They have a disability that prevents self-support
- If they are the primary caretaker of a child with a disability
If your spouse does not meet these requirements, they will not qualify for court-ordered alimony. Even if they do, you can present evidence showing they can work or access financial resources and, as a result, do not need alimony.
If Alimony Might Be Awarded, You Can Negotiate an Alternative Financial Arrangement
If avoiding alimony is a priority, you may have options to negotiate a divorce settlement that works in your favor. For example, you might offer a one-time lump sum payment or agree to a more favorable division of assets in exchange for your spouse waiving their right to alimony. Mediation may be a great option for working towards a divorce settlement when alimony could potentially be awarded. A top-tier Pearland, TX divorce lawyer can help.
You Should Always Take a Proactive Approach During the Divorce Process
The best way to avoid paying alimony is to be proactive during the divorce process. Among other things, you should gather financial records, demonstrate that your spouse is capable of self-support, and negotiate a favorable property division agreement. It is also important to structure your financial situation wisely before and during the divorce proceedings.
Contact Our Pearland, TX, Alimony Attorney Today
At John Powell III, P.C., our Pearland family lawyer handles the full range of alimony cases. If you have any questions about alimony in Texas, please do not hesitate to give us a call now or to contact us online for a fully confidential case review. With an office in Pearland, we handle family matters throughout the region in Southeast Texas.