Alimony, known as spousal maintenance in Texas, helps one spouse receive financial support from the other after a divorce. You may wonder how courts decide if alimony applies and how much you might receive or owe.
When does alimony apply in Texas?
Texas courts award spousal maintenance only in limited situations. You qualify if you have insufficient property or income to support yourself after divorce and meet certain criteria, such as:
- Being married for at least 10 years and unable to support yourself due to a disability.
- Caring for a child of the marriage who requires substantial care and limits your employment.
- Being the victim of family violence by your spouse within the last two years.
If these conditions do not apply, alimony typically will not be ordered.
How is the amount and duration determined?
The court considers multiple factors when deciding the amount and length of alimony, including:
- Your spouse’s ability to pay.
- Your financial needs and ability to earn income.
- The duration of the marriage.
- Your age and health.
- Contributions to the marriage, such as homemaking or career sacrifices.
Spousal maintenance payments generally cannot last longer than five years, except in cases involving a disability or marriage lasting over 30 years.
What if the circumstances change?
If your financial situation or that of your spouse changes significantly, either party can request a modification of the alimony order. However, courts review these requests carefully and require proof of substantial change.
Understanding how Texas courts determine spousal maintenance can help you prepare for discussions about financial support during or after divorce.