Divorce Alimony in Texas
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In this state, the more usual term for alimony is "spousal maintenance."
Factors that decide Divorce Texas Alimony
It is expected that the court should take into account the following factors and then finalize the manner, duration, amount and nature of the spousal maintenance payments.
- What property has been brought into the marriage by each partner?
- Has one partner made any inputs to the education, training or enhanced earning power of the other partner?
- The relative financial sources of the partners inclusive of insurance, retirement, medical or other benefits as well as the separate property of each partner
- Had any of the spouses committed certain acts that have related in abnormal or excessive expenses?
- Was any spouse involved in fraudulent disposition, concealment, and destruction of joint tenancy, community property or other property held in common?
- Does the spouse, from whom spousal maintenance is demanded, have the capacity to perform the following 2 items?
- Fulfilling own personal requirements as well as of the spouse requesting for alimony
- Providing child support payments
- The emotional state, physical condition, earning ability, employment record and age of the partner seeking alimony
- The duration of marital life
- The relative educational levels and employment skills of both spouses
- What duration is essential for the spouse requesting maintenance to attain enough education and training to seek proper employment? Whether such an education or training is available? What is the practicality of such education and training?
- The financial sources of the spouse requesting for alimony, inclusive of the separate and community property
- Which liabilities have been allocated to the partner seeking maintenance during the dissolution proceedings? Is this partner capable to fulfill own requirements independently?
Eligibility for Divorce Texas Alimony
2 categories of individuals possess eligibility for spousal maintenance in this state.
When the duration of marriage is minimum 10 years and the spouse cannot support self
The spouse requesting for alimony
- Has experienced a marital life of at least 10 years
- Is in dearth of adequate property (inclusive of the property allocated during divorce proceedings) to fulfill the minimum reasonable requirements
- Obviously does not have the earning capacity in the labor market that would be enough to cater to the minimum reasonable requirements of life
- Is the custodian of a child. The physical and mental disability of this child evokes the need of personal supervision and considerable care. The overall scenario demands that this spouse should not be employed outside the residence
- Has incapacitating mental or physical disability due to which cannot be suitably employed and hence cannot support self
When a spouse has been involved in a crime that may be labeled as family violence for reasons of Protective Order
The partner, who would become a payer of spousal maintenance, was convicted of or got delayed arbitration for a criminal offense that is a part of family violence. Such an offense took place
- While the lawsuit was pending, or
- Within 2 years prior to the date on which the litigation for dissolution of marriage was filed
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