Is there alimony or spousal payment in Texas?

Full question:

Is there alimony or spousal payment in Texas?

• Category: Divorce
• Subcategory: Spousal Support
• Date: 04/07/2025
• State: Texas

Answer:

Texas has only allowed the court to divide community property in a divorce proceeding. By definition community property is property in existence at the time of the divorce. Since alimony is normally paid from wages or other income to be earned in the future, Texas had considered alimony as a legal impossibility. After amendment of the Texas Constitution and the passing of
laws by the legislature, alimony has been authorized in limited situations.

Texas' approach differs from many states. Unlike a property division or an award of property as compensation, it is "rehabilitative" in its philosophical approach. It is intended to be a stop-gap measure to put one of the spouse's back on their feet. The spouse awarded the alimony is awarded the alimony to help the person acquire work skills to provide for himself or herself. It was/is not uncommon for a woman to give up whatever job skills (outside the home job skills, that is) or employment opportunities she may have in order to either raise the children or to serve as the homemaker of the household, if not both. Upon divorce this person was at a great disadvantage.

Alimony is awarded in two limited scenarios. The first involves a spouse who has been married for at least ten (10) years and is otherwise unable to provide for their minimum needs. The latter requirement is a fairly technical matter to be proven and rests within the discretion of the court to believe such proof or not accept it. The second involves victims of family abuse
whose spouse was convicted of the family violence within the filing of the divorce. One need not meet both requirements.

In most cases the award of benefits is limited to three years. Exceptions exist for persons suffering from incapacitating physical or mental disabilities. The amount awarded is limited to the lesser of twenty (20%) percent of the paying spouse's average income, or $2500 -- whichever is less.

The law also has clear cut public policy contained within it and the promotion of the legislature's view of morality. In deciding whether such is an appropriate remedy, the court is authorized to review marital misconduct. Adultery and infidelity is certainly marital misconduct. (Oddly, however, the statute does not address the infidelity of the paying spouse.) As such, a
court may punish an adulterous spouse even if the spouse meets the other requirements. Additionally, the obligation to pay the awarded alimony terminates if the receiving party not only remarries, but also lives with another person in a conjugal relationship outside of marriage (i.e. "shacks up").