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What determines if you get spousal maintenance in Texas?

On Behalf of | Aug 12, 2022 | Divorce |

When your Texas marriage comes to an end and your ex was the primary breadwinner, you may worry about whether you might be able to maintain a similar quality of life after your split to the one you do now. If you do not think it is feasible to maintain your standard of living based on your own assets or income, you may decide to seek spousal maintenance, or alimony, in your divorce.

Per the Texas Statutes, the state refers to a specific set of factors when deciding whether you should receive a spousal maintenance award in your divorce. Some of the variables that undergo consideration are as follows.

The duration of your marriage

Typically, the longer your marriage lasted, the better the chances of you getting a spousal maintenance award when it ends.

The education levels and employability of both parties

How educated you and your ex are, and how likely you both are to secure or maintain well-paying jobs, also factor into spousal maintenance decisions. If you have not been in the workforce for years due to sacrifices you made for your ex, this may help your cause.

The existence of marital misconduct

The state may also consider whether there was any marital misconduct that contributed to your split before deciding whether to award you spousal maintenance. If your ex cheated on you or subjected you to cruel treatment during your marriage, your odds of getting spousal support may increase.

These are some of the many areas that undergo review when Texas courts decide whether to award you spousal maintenance.

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