Alimony 101

If you are in the process of filing for divorce or currently working out a divorce agreement, you will need to familiarize yourself with alimony and spousal support. Both alimony and spousal support are regular payments that a spouse makes to provide their ex-spouse with support during or after a divorce proceeding. The amount varies based off the receiving spouse’s needs as well as the earning potential of both spouses.

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Factors for Determining Alimony in Texas

When it comes to determining alimony payments, the courts in Texas will evaluate the following factors:

  • Each spouse's ability to provide for the receiving spouse's reasonable needs
  • Education and employment skills of both spouses, as well as the time necessary to acquire education or training to enable the supported spouse to earn enough income to become financially independent
  • Duration of the marriage
  • Age, employment history, earning ability, and physical and emotional condition of the receiving spouse
  • Whether either spouse wasted or disposed of any community property
  • Whether either spouse contributed to the other's education, training, or increased earning potential during the marriage
  • Any property both spouses brought to the marriage
  • Any contributions of a spouse as a homemaker
  • Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage
  • History or pattern of domestic violence

Unlike many other states, Texas law limits the amount of alimony a court can order. Maintenance awards may not be more than $5,000 per month or more than 20% of the spouse's average monthly gross income (whichever is less).

How Our Law Firm Can Help

If you are looking to get divorced or separated, alimony and spousal support are two aspects of the process you will need to determine. Our firm can help advocate for your best interests whether you are the receiving or paying spouse. If you require assistance determining if you qualify for alimony, need to pay alimony, or would like to modify your alimony payments, contact our firm. We offer complimentary initial consultations to help you get started.

Call us at (281) 810-9760 to schedule a free initial consultation.