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Barbara L. Jouette, Attorney, P.C.
888-268-7997 / 214-385-4562

Can I get alimony in Texas?

If you are going through a divorce, you are probably well aware of child support, and may have at least a general idea of whether or not you are a candidate for receiving it once your divorce is finalized. Do you have children? Are you the primary custodial caregiver to the children? Will you continue to be? But what if you do not have children? What if you were a homemaker or supported his or her business endeavors on a backend nonpaid position? What about additional financial help from your spouse then? Is your spouse obligated to pay you anything beyond child support ever? If so, what situations would merit a form of spousal support outside of child support?

Alimony, also known as spousal support, is a court-ordered regularly scheduled allotment of money from your spouse paid upon the termination of the marriage and sometimes during the divorce process and moving forward, for a period usually no longer than three years.

Eligibility requirements are a bit stringent as most people have the capability of supporting themselves without their spouse, perhaps not to the degree they are accustomed, but enough to meet reasonable minimum standards. However, if you lack the ability to meet minimum needs through work in the labor market, and if you do not already possess the property to meet these needs, and you have been married for at least a decade, you could potentially qualify for spousal support.

Also, if the paying spouse committed an act of family violence and was convicted before or during the divorce, but within the last two years, they could be required to pay spousal support or alimony.

Alimony payments have a cap. If 20 percent of the person's gross monthly income is less than $2,500, they will not have to pay any more than that amount. If $2,500 is less than 20 percent of that gross monthly income, the person will not be required to pay any more than $2,500.

If you are considering a divorce and believe you are entitled spousal support, your Texas family law attorney should be able to review the requirements with you so that you may decide if this is something you would like to pursue as a term of your divorce.

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