Full question:
Is there alimony or spousal payment in Texas?
- Category: Divorce
- Subcategory: Spousal Support
- Date:
- State: Alabama
Answer:
In Texas, alimony, or spousal support, is allowed under specific circumstances. Historically, Texas only permitted the division of community property in divorce, viewing alimony as a legal impossibility. However, recent amendments to the Texas Constitution and legislation have authorized alimony in limited situations.
Alimony in Texas is primarily rehabilitative. It aims to support a spouse in gaining the skills necessary to become self-sufficient after a divorce. This is particularly relevant for individuals who may have sacrificed their career opportunities to raise children or manage the household.
Alimony can be awarded in two main scenarios:
- A spouse who has been married for at least ten years and cannot meet their minimum needs.
- A victim of family violence whose spouse has been convicted of such violence during the divorce process.
Typically, alimony is limited to a maximum of three years, although exceptions exist for individuals with physical or mental disabilities. The amount awarded is capped at the lesser of twenty percent of the paying spouse's average income or $2,500.
The court may also consider marital misconduct, such as adultery, when deciding on alimony, although it does not address the infidelity of the paying spouse. Additionally, the obligation to pay alimony ends if the receiving spouse remarries or lives with another person in a conjugal relationship.
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.