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Texas Alimony Law Learn More About It

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Texas Alimony Law is also referred to as “spousal maintenance” Alimony happens to be one of the primary features of divorce, across the states of the country. The law of spousal maintenance provides that a spouse provides a former spouse with periodic payments, from his or her 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, in order to make the demand for Alimony necessary. However, there are 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 his or her eligibility for the demand, which involves proving that he or she is unable to provide for the basic reasonable needs.

There are essentially two major conditions or requirements that makes a spouse eligible to demand spousal maintenance.

  1. 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 was finalized.
  1. The inability of the spouse seeking for spouse maintenance to earn income that will be sufficient to support  his or her reasonable needs and:
  • The inability of the spouse could be as 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 were met, then, the court would be able to proceed with determining 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 be paid 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 for.

  1. 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 be paid for up to five years.
  2. If the marriage lasted for 20-30 years, then the alimony would be for up to seven years
  3. If the marriage lasted for more than years, then the alimony would be for up to 10 years.
  4. Provided that the basis for alimony still 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 a petition for spousal support could be denied by the court:

  • If the spouses lived together alone, without getting married legally.
  • If the spouse requesting for 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, as a result of economic downfall. Such a party could file to terminate or modify the support.

is also referred to as “spousal maintenance” Alimony happens to be one of the primary features of divorce, across the states of the country.

The law of spousal maintenance provides that a spouse provides a former spouse with periodic payments, from his or her 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, in order to make the demand for Alimony necessary.

However, there are 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 his or her eligibility for the demand, which involves proving that he or she is unable to provide for the basic reasonable needs.

There are essentially two major conditions or requirements that makes a spouse eligible to demand spousal maintenance.

  1. 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 was finalized.
  1. The inability of the spouse seeking for spouse maintenance to earn income that will be sufficient to support  his or her reasonable needs and:
  • The inability of the spouse could be as 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 were met, then, the court would be able to proceed with determining 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 be paid 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 for.

  1. 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 be paid for up to five years.
  2. If the marriage lasted for 20-30 years, then the alimony would be for up to seven years
  3. If the marriage lasted for more than years, then the alimony would be for up to 10 years.
  4. Provided that the basis for alimony still 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 a petition for spousal support could be denied by the court:

  • If the spouses lived together alone, without getting married legally.
  • If the spouse requesting for 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, as a result of economic downfall. Such a party could file to terminate or modify the support.

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