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Can I Get Alimony in My Texas Divorce?

 Posted on September 07, 2021 in Divorce

Frisco divorce lawyerMost people think of divorce in terms of the personal or emotional implications. However, divorce can also bring about dramatic financial consequences – especially when a divorcing spouse is reliant on the other spouse’s income. If you are a stay-at-home mother or father, have a disability, or have otherwise not worked outside of the home in several years, you may be worried about supporting yourself after the divorce. You may wonder whether you qualify for alimony or spousal support. Read on to learn about alimony laws in Texas and what you can do if you wish to pursue alimony during your divorce.

Who Qualifies for Spousal Maintenance?

Alimony, called spousal maintenance in Texas law, can help a divorcing spouse cover necessary expenses until he or she is able to be financially self-supporting. However, spousal maintenance is not always awarded. In fact, Texas courts presume that spousal maintenance is not necessary unless the spouse requesting alimony can demonstrate a reasonable need for financial assistance.

To qualify for alimony in a Texas divorce, you must not have sufficient assets to provide for your basic needs on your own. Additionally, at least one of the following statements are true:

  • You have been married for ten years or more, and you cannot earn enough money to provide for your needs.
  • The other spouse has been convicted of domestic violence involving you or your children in the past two years.
  • You cannot support yourself because you have a physical or mental disability.
  • You have a child who requires significant care and attention due to a disability, and you are staying home to care for him or her.

How Do Courts Decide if a Spouse Gets Maintenance Payments?

Meeting the basic criteria for spousal maintenance does not automatically mean that a spouse will be awarded maintenance. The court considers many different factors when making spousal maintenance decisions. The court will evaluate each spouse’s education, job skills, and employability, assets, age, and health. The court will also consider the non-financial contributions that a spouse made to the other spouse’s career or earning capacity. For example, if a wife stayed home with the children while the husband earned a college degree, the court will consider the wife’s contributions as a stay-at-home mother. The duration of the marriage, any instances of marital misconduct or infidelity, and the impact of child support on each spouse’s financial situation will also be considered.

Contact a Frisco Alimony Lawyer

If you are getting divorced and you want to learn more about seeking spousal maintenance, contact the The Law Office of Linda Risinger. Our Collin County divorce attorneys can help you explore your options and petition the court for alimony. Call 972-294-6533 for a free consultation.




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