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Texas Divorce and Prenuptial Agreement

4550 Post Oak Place, Suite 201 • Houston, Texas 77027-3139

Phone: 713-877-8800 • Fax: 713-877-1229

Alimony in Texas Not Easy to Obtain

Divorcing couples may find a world of difference between spousal support and child support. We recently discussed child support calculations, which are, for the most part, straightforward mathematical formulas that courts apply. Spousal support in Texas is not so straightforward; in fact, in many divorces, it may not be available at all.

The official term in Texas family law is “spousal maintenance,” but alimony or spousal support are the terms most people actually use. Along with several other states like Montana, Kansas, Tennessee and Maine, Texas courts award alimony in limited cases.

Under Texas law, alimony is available in the following cases:

  • The couple was married for at least 10 years, along with one of the three following conditions: (1) the spouse seeking payments cannot provide for his or her own reasonable needs and would have trouble doing so because of a disability, (2) time commitments of raising a dependent child and (3) a lack of economic opportunities
  • A court recently convicted the paying spouse of a crime of family violence

If a Texas court does find that alimony is necessary, it will also set out all of the accompanying conditions for alimony payments. The longest that a court in Texas can grant alimony is three years. Some of the factors that the court will take into consideration when ruling include:

  • financial resources of the spouse requesting alimony
  • education and skills of the spouse
  • duration of the marriage
  • financial behavior of both spouses
  • marital misconduct
  • employment efforts

Do you have any experience with spousal support in Texas courts? What sort of factors came into play in your case?

John K. Grubb & Associates, P.C. – Houston divorce attorneys

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