Will the Court Award Spousal Maintenance? If So, Who Is Potentially Eligible?
The question that often arises in a Texas divorce—will I have to pay or will I be entitled to receive spousal support (often referred to as alimony)? A lot of factors go into the court’s determination of whether spousal maintenance (the official term) is available in Texas. While it’s not as common as it used to be, it’s still available, under the right circumstances, in the Lone Star State.
The Relative Infrequency of Spousal Maintenance Nationwide
According to research conducted by Forbes, alimony/spousal support is relatively rare, awarded in about one of every ten cases nationwide. The Forbes study found around 400,000 recipients of spousal maintenance across the country, with just slightly over 12,000 of those cases involving men receiving some form of payment (even though 40% of houses nationwide have a woman as the primary wage earner).
Will I Have to Pay or Can I Get Spousal Support?
Either party to a divorce may be eligible for spousal support in Texas, provided the person seeking support can show a basic financial need. The court will typically calculate basic expenses for food, shelter, utilities and healthcare. You must demonstrate that you’ve made a reasonable effort to find employment or develop skills to allow you to be self-sufficient. In addition, if you receive property in the marital settlement that will cover your needs, any request for support will likely be denied.
Once you’ve established the basic financial need, you still show one of the following in Texas:
- That you were married at least 10 years and can’t earn enough to meet your basic needs
- That your spouse was convicted of or had delayed adjudication for domestic or family violence within the last two years
- That you have a disability that prevents you from being gainfully employed
- That you are the primary caretaker of a child of the marriage whose supervision prevents you from working
If the court determines that your spouse qualifies for spousal maintenance, you will be subject to an order to pay.
Contact DTX Family Law for Sound Advice in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills