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TX alimony lawyerSpouses who are going through the divorce process will need to address multiple different types of legal and financial issues. The laws surrounding divorce can be complicated, but by working with an experienced attorney, a person can gain a full understanding of their rights and obligations, and they can determine the best ways to achieve their goals. Spousal support, which is commonly known as alimony and referred to as spousal maintenance in Texas law, is one issue that spouses will often have questions about. These questions may include:

When Is a Person Eligible to Receive Spousal Support?

Typically, a spouse will only be able to receive maintenance if they do not own enough assets, including marital property awarded to them during their divorce and separate property owned independently of the other spouse, to reasonably provide for their minimal ongoing needs. If this is the case, spousal support may be awarded in the following situations:

  • The couple was married for at least 10 years, and the spouse who is asking for support is currently unable to earn a sufficient level of income to provide for their needs.
  • The spouse who is asking for support has a physical or mental disability that has caused them to be unable to earn a sufficient level of income.
  • The spouse who is asking for support is the custodial parent of a child that has a physical or mental disability, and providing care for the child has caused the spouse to be unable to earn a sufficient level of income to meet their needs.
  • The spouse who would be paying support was convicted of a family violence offense within two years before the divorce petition was filed or during the course of the divorce case.

As part of their divorce settlement, spouses may also agree that one party will pay spousal support to the other. This is known as contractual alimony.

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