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Alimony, also known as spousal support or maintenance, is a highly contested and contentious issue in many divorces. One that’s often difficult for both parties to agree on.
High-earning spouses frequently resent the obligation to pay their ex-spouse for years after a divorce. In contrast, lower-earning spouses rely on alimony to meet their basic financial needs.
How alimony works differ depending on the situation. One part of that is where you live. Because divorce laws vary from state to state as well as how each state deals with alimony.
In this article, we’ll look at the question, “how does alimony work in Texas?”
In Texas, either spouse can request spousal support during the divorce. However, not all judgments in a divorce case will include an alimony order.
In Texas, the court will only award spousal support to the requesting spouse if they do not have enough property at the time of the divorce to provide for basic needs.
Texas will also only award alimony under at least one of the following situations:
As stated earlier, not all judgments in a divorce case will include an alimony order. Divorce laws in Texas begin every maintenance case with the presumption that spousal maintenance is unnecessary.
However, suppose the requesting spouse has made an effort to earn an income or attained education/training to become financially independent during the separation or divorce case. In that case, the court may order a maintenance evaluation.
How long the alimony will last depends on the marriage’s situation. Here are some situations that affect alimony in Texas:
Alimony in Texas will expire if:
Unlike in many other states, the law regarding alimony in Texas limits the amount of support a court can order. In Texas, alimony may not exceed $5,000 per month or more than 20 percent of the spouse’s average monthly gross income.