Portrait of John K Grubb

Texas Divorce and Prenuptial Agreement

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

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

Can I Get Alimony in My Houston Divorce Settlement?

Will I get alimony?

That is a frequent question many divorcing people want to know. Traditionally, we think of wives receiving financial support after a divorce from the husband until the wife remarries or dies. With the rise in successful women having considerable assets, husbands can also receive alimony today.

Texas does not have alimony. Instead, Texas has something called temporary spousal maintenance. As the name implies, Texas’ spousal support is not meant to continue forever.

Texas has some stringent requirements you must meet in order to receive temporary spousal support.

  1. You must show that you don’t have enough property to cover your minimum reasonable needs after you divorce and
  2. You aren’t able to earn sufficient income to cover your reasonable minimum needs and
  3. You and your spouse must have been married for 10 years or more

Texas also limits spousal maintenance in terms of the amount you receive in temporary support and in the number of years you can receive support. The amount you receive will be the lesser of a maximum of 20% of your spouse’s gross income or $5,000 per month. You are also limited to the length of time that you will receive support.

  • 5 years if you were married for at least 10 years but no more than 20 years
  • 7 years for marriages between 20 years but less than 30 years
  • 10 if your marriage was 30 years or more

Houston’s Family Court will consider a number of things when it determines temporary spousal maintenance. Among the many particulars, the Court will take into account

  • Excessive spending by you or your spouse
  • The education and/or employment skills of both you and your spouse
  • Contribution by the homemaking spouse
  • If one spouse contributed to the education, training, and/or increased earning power of the other spouse
  • Misconduct by either you or your spouse during the marriage

When you request temporary spousal maintenance in your divorce settlement, you must prove one of two things. You must show the Court that

  1. You have conscientiously attempted to earn enough income to cover your minimum reasonable needs or
  2. That you have sought the education and/or training that you need so that you can find employment that will cover your minimum needs

If you want to request temporary spousal support (alimony) in your Harris County divorce settlement, you should consult with your Houston divorce attorney. There are certain provisions in Texas law that may allow you to receive temporary spousal maintenance for longer periods of time that those usually awarded.

John K. Grubb & Associates, P.C.
Houston Divorce Attorneys

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