Texas Alimony Law is also referred to as “spousal maintenance” Alimony happens to be one of the primary features of divorce across the country’s states. Spousal maintenance law provides that a spouse provides a former spouse with periodic payments, from their future income, after the divorce.
Texas Alimony Law refers to the legal rules that guide spousal maintenance in the state of Texas.
Requirements for Being Eligible for Alimony in Texas
It is not all divorced couples that pay and receive alimony from each other. There are certain conditions to be met to make the demand for Alimony necessary. However, some situations where the divorcing couples agree to spousal maintenance, independent of the conditions attached to it. However, before a spouse can decide to receive alimony from the other spouse, this spouse has to establish their eligibility for the demand, proving that they are unable to provide for the reasonable basic needs.
There are essentially two major conditions or requirements that make a spouse eligible to demand spousal maintenance.
- The spouse that pays spousal maintenance must have received deferred adjudication or been convicted at an earlier time for committing an act of family violence, either:
- During the marriage, but only for a duration not more than two years before the suit for divorce was filed; or
- Duration the process of the divorce itself before it finalizes.
- The inability of the spouse seeking for spouse maintenance to earn income that will be sufficient to support their reasonable needs and:
- The inability of the spouse could be a result of mental or physical disability.
- The inability could be as a result of the responsibility imposed on you as the custodian of a child of the marriage, who requires special care due to their mental or physical disability; or
- Provided the marriage lasted for 10 years or more.
Provided that one of the conditions mentioned above meets, the court would determine the duration for spousal support and the amount to pay.
Amount to be paid in Alimony
Provided that the ex-couple fail to agree on the issues surrounding spousal maintenance. It becomes the prerogative of the court to decide how much should pay in spousal maintenance. It becomes expected that the spouse should pay
- $5,000 per month: or.
- 20% of the total amount being received by the paying spouse monthly
Duration for paying Alimony
The range of time stipulated for a paying spouse to pay Alimony varies. It can range from five years to ten years and more. However, this depends on the number of years the couple was married.
- If the marriage lasted for less than years and the spouse was abusive, or the marriage was for 10 -20 years, then the Alimony would pay for up to five years.
- If the marriage lasted for 20-30 years, then the alimony would be for up to seven years.
- If the marriage lasted for more than years, then the alimony would be for up to 10 years.
- Provided that the basis for alimony persists and the receiving spouse or their child is disabled, then the alimony may be indefinite.
Denials & Modifications in Alimony
The following conditions include the reasons why the court could deny a petition for spousal support:
- If the spouses lived together alone, without getting married legally.
- If the spouse requesting support is insincere concerning the development of the skills necessary for employment.
- If the spouse paying alimony reaches the age of retirement or is unable to take care of accrued expenses due to economic downfall. Such a party could file to terminate or modify the support.
It is also referred to as “spousal maintenance” Alimony happens to be one of the primary features of divorce across the country’s states.
Spousal maintenance law provides that a spouse provides a former spouse with periodic payments, from their future income, after the divorce.
Texas Alimony Law refers to the legal rules that guide spousal maintenance in the state of Texas.
Requirements for Being Eligible for Alimony in Texas
It is not all divorced couples that pay and receive alimony from each other. There are certain conditions to be met to make the demand for Alimony necessary.
However, some situations where the divorcing couples agree to spousal maintenance, independent of the conditions attached to it.
However, before a spouse can decide to receive alimony from the other spouse, this spouse has to establish their eligibility for the demand, proving that they are unable to provide for the reasonable basic needs.
There are essentially two major conditions or requirements that make a spouse eligible to demand spousal maintenance.
- The spouse that pays spousal maintenance must have received deferred adjudication or been convicted at an earlier time for committing an act of family violence, either:
- During the marriage, but only for a duration not more than two years before the suit for divorce was filed; or
- Duration the process of the divorce itself before it finalizes.
- The inability of the spouse seeking for spouse maintenance to earn income that will be sufficient to support their reasonable needs and:
- The inability of the spouse could be a result of mental or physical disability.
- The inability could be as a result of the responsibility imposed on you as the custodian of a child of the marriage, who requires special care due to their mental or physical disability; or
- Provided the marriage lasted for 10 years or more.
Provided that one of the conditions mentioned above meets, the court would determine the duration for spousal support and the amount to pay.
Amount to be paid in Alimony
Provided that the ex-couple fail to agree on the issues surrounding spousal maintenance. It becomes the prerogative of the court to decide how much should pay in spousal maintenance. It becomes expected that the spouse should pay
- $5,000 per month: or.
- 20% of the total amount being received by the paying spouse monthly
Duration for paying Alimony
The range of time stipulated for a paying spouse to pay Alimony varies. It can range from five years to ten years and more. However, this depends on the number of years the couple was married.
- If the marriage lasted for less than years and the spouse was abusive, or the marriage was for 10 -20 years, then the Alimony would pay for up to five years.
- If the marriage lasted for 20-30 years, then the alimony would be for up to seven years.
- If the marriage lasted for more than years, then the alimony would be for up to 10 years.
- Provided that the basis for alimony persists and the receiving spouse or their child is disabled, then the alimony may be indefinite.
Denials & Modifications in Alimony
The following conditions include the reasons why the court could deny a petition for spousal support:
- If the spouses lived together alone, without getting married legally.
- If the spouse requesting support is insincere concerning the development of the skills necessary for employment.
- If the spouse paying alimony reaches the age of retirement or is unable to take care of accrued expenses due to economic downfall. Such a party could file to terminate or modify the support.