FAQ: Does Alimony Exist in Texas? | Bineham & Gillen

FAQsDoes Alimony Exist In Texas?

Alimony Presumed Not Needed

Alimony law is very specific when setting out the terms, amounts and duration of spousal support. Commonly referred to as alimony, the need for spousal support (or spousal maintenance) must be established. Otherwise, the court presumes that after the division of community property, each spouse has enough assets and property and has the ability to take care of his or her basic needs.

Spousal Support Eligibility

Spousal Support Eligibility

You may be eligible for spousal maintenance, provided that at the time of the divorce you do not have sufficient property to provide for your minimum reasonable needs and you have met one of the following statutory bases for spousal maintenance:

  • You were married for 10 or more years
  • You do not have enough assets and/or income to meet basic minimum needs due to a physical or mental disability
  • You’re seeking custody of a child of the marriage who needs special care because of a physical or mental disability
  • Your spouse was convicted of an act of domestic violence against you or your child.

Spousal Maintenance Limits

The state has placed limits on the length of time someone can receive spousal maintenance. The limits depend on a combination of factors. In most instances the maximum amount of time spousal maintenance maybe received is 10 years. However; if you or your child suffers from a physical or mental disability, the order continues only as long as the spouse satisfies the eligibility requirements.

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