Is Alimony Guaranteed in a Divorce?

During the divorce process, it is common for one spouse to be awarded alimony, which is also known as spousal maintenance. However, it is not guaranteed or automatic. In Texas, eligibility for spousal maintenance is based on a variety of factors. Continue reading to learn more about how spousal maintenance is determined in a divorce.

Awarding Spousal Maintenance in Texas

If you are seeking spousal maintenance in Texas, the court may order it if your spouse was convicted of domestic violence two years before filing for divorce or if the marriage lasted for at least ten years. Additionally, you must show that you lack adequate resources to reasonably meet your needs. If you are caring for a child that has a disability, preventing you from working, the courts may also consider awarding you spousal maintenance.

Here are some additional factors family courts examine when deciding if spousal maintenance should be awarded:

  • All of your financial resources
  • Your employment skills, education, and the time you may need for vocational training
  • The length of your marriage
  • Your age, earning ability, employment history, and physical and emotional wellbeing
  • The effort you put into seeking employment

If awarded spousal maintenance, a judge will also decide for how long it should last and how it should be paid. Generally, spousal maintenance cannot exceed 20% of the paying party’s monthly gross income, though spouses can agree to a larger amount.

If you develop a disability, it is possible for spousal maintenance to be extended indefinitely and, if you recover, your former spouse will likely file a motion to modify it.

Reach Out to Our Family Law Attorney to Set Up a Consultation and Discuss Your Case

If your marriage is no longer working and you are filing for divorce, the experienced team at Kay Polk, Attorney at Law can provide the skilled legal representation you need to overcome the obstacles you may face throughout this process. Our attorney has nearly two decades of experience and is committed to helping clients navigate some of the most challenging family law matters. You can feel confident in our ability to help you obtain the best possible outcome for your case.

Call our law office today at (713) 234-6260 to set up an initial case evaluation with our attorney to learn more about your legal options and what we can do for you.