Can I Receive Alimony in Texas?

Sep 01

Can I Receive Alimony in Texas?

Can I Receive Alimony in Texas?

In Texas, when determining how much spousal maintenance or alimony you should receive (if any), the court begins with the presumption that no funds are entitled. To overcome this presumption, the court will first determine if you qualify for support and then consider other relevant factors.


Qualifying for Spousal Maintenance or Alimony in Texas

To even qualify for consideration—in addition to proving that you still need help providing for your basic needs, even though you made a good-faith effort to develop your skills—you must also meet at least one of the following criteria:

  • You were married for at least 10 years;
  • The party from who you are seeking support was convicted of domestic violence;
  • You are unable to provide for your basic needs due to a mental or physical disability; or
  • You have custody of a child from the marriage who needs special care and supervision.

Factors Courts Consider to Determine Whether to Award Spousal Maintenance

Even if you qualify, the court considers several factors in deciding how much support you are entitled to and for how long you may receive it. When calculating support, the court may consider (but is not limited to) the following factors.

  • Length of the marriage;
  • Each spouse’s overall financial health;
  • Whether or not either spouse wasted assets;
  • Age, employment history, education, health, and skills of each spouse;
  • Whether or not the spouse seeking support contributed to the education or professional development of the other spouse; and
  • If the spouse from whom support is sought engaged in adultery or any cruel treatment of the seeking spouse.

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