While married, a couple’s finances are usually closely tied to each other, and the prospect of starting over with completely separate finances can be daunting. In order to make the transition easier for certain spouses, the state of Texas allows divorce courts to award alimony in certain circumstances.
Also known as spousal maintenance, alimony is a specified amount of money that the court requires one spouse to pay the other after the divorce in order to provide for their minimum reasonable needs. The underlying purpose of alimony payments is to rehabilitate the recipient so that the spouse who receives the money can provide for his or her basic requirements while he or she prepares to reenter the job market
Spousal maintenance can be one of the most hotly contested issues in a Texas. Because the law does not automatically require alimony payments in every divorce, each situation must be judged on case-by-case basis. Sometimes alimony payments are explicitly provided in prenuptial agreements; however, in the absence of a contractual agreement between the parties, the divorce court must weigh several different factors to decide if alimony is appropriate.
Two of the strongest deciding factors are whether or not the paying spouse has been convicted of domestic violence within two years of the date of the divorce petition and whether the marriage lasted for a minimum threshold of ten years. If either of these conditions is met and the spouse seeking alimony can show that he or she lacks the sufficient resources to provide for his or her own minimum reasonable needs, the court will likely award alimony as long as that spouse can also show one of the following:
- Difficulty getting or maintaining gainful employment because of a physical or mental disability
- A clear lack of earning ability in the labor market, possibly because he or she has been out of work long enough for his or her employable skills to erode
- The seeking spouse is the primary caregiver for a child with a physical or mental disability that precludes employment outside the home
In determining eligibility, courts also consider the financial resources of both spouses and the effort made by the seeking spouse in obtaining a job. If the spouse has not done his or her due diligence while looking for work or otherwise becoming independent and self-sufficient, the court may deny spousal maintenance.
Alimony is not meant to last forever and it does have limits. Generally, there is a three-year maximum limit and the amount of the payment is capped at the lesser of $2,500 per month or 20 percent of the paying spouse’s average monthly gross income. Alimony is taxable to the recipient. Contacting a Houston divorce attorney is the best way to determine if you are eligible to receive alimony payments following your divorce. Because the courts consider so many different factors when deciding spousal maintenance, it is important to have a professional analysis of your individual situation, and a Houston divorce lawyer can help.
