Is alimony or spousal support available in Texas?

Full question:

Is there alimony or spousal payment in Texas?

  • Category: Divorce
  • Subcategory: Spousal Support
  • Date:
  • State: Texas

Answer:

In Texas, alimony is allowed under specific circumstances, despite the state's traditional focus on dividing community property during divorce. Alimony, or spousal support, is designed as a rehabilitative measure to help a spouse gain the skills needed to support themselves after a marriage ends.

Alimony can be awarded in two main situations: first, if a spouse has been married for at least ten years and cannot meet their minimum needs; second, if the spouse is a victim of family violence and their partner has been convicted of such violence during the divorce process. It’s important to note that a spouse does not need to meet both criteria to qualify.

The duration of alimony is typically limited to three years, although exceptions exist for individuals with incapacitating physical or mental disabilities. The amount of alimony awarded is capped at the lesser of twenty percent of the paying spouse's average income or $2,500.

Texas law also considers marital misconduct, such as adultery, when determining alimony. A court may penalize a spouse for infidelity even if they meet the other requirements for alimony. Additionally, the obligation to pay alimony ends if the recipient remarries or enters into a conjugal relationship outside of marriage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Texas, typical alimony, or spousal support, is limited to three years, although it can be longer in cases involving disabilities. The maximum amount is capped at 20% of the paying spouse's average income or $2,500 per month, whichever is less. The specifics can vary based on individual circumstances, including the length of the marriage and the financial needs of the recipient.

Sign in with Google
Sign in with Google