Spousal Maintenance Qualification Requirements in Texas
Historically, Texas has been resistant to the concept of alimony. It wasn’t until 1997 that a law permitting the courts to award alimony even existed. In most cases, alimony is arranged outside of court as a private contract. Should you require this level of legal assistance, we can help.
We can also help those who seek or must defend against alimony through the courts. Individuals who seek alimony must satisfy two important conditions. First, they must prove that they need alimony because they lack the financial resources and ability to provide for their minimum reasonable needs.
The second condition requires the requesting spouse to meet at least one of the following conditions:
- A history of domestic violence exists between the spouses and/or their children, but the violence must have occurred within two years of the divorce, and the abusive spouse was convicted of family violence.
- The alimony request is based on the care requirements for a child with a disability. The child must have been a product of the marriage and requires a significant level of care that prevents the requesting spouse from becoming self-sufficient.
- The marriage lasted at least 10 years, but the requesting spouse can’t earn enough income despite efforts to develop job skills or otherwise become self-sufficient.
- The spouse who requests alimony suffers a mental or physical disability that prevents them from becoming self-sufficient.
If someone who requests alimony meets both of these conditions, they can receive court-ordered alimony. Even so, there are no guarantees and it will require assistance from an experienced alimony lawyer in Bryan and College Station to help you increase your chances of success.
How Long Does Alimony Last in Texas?
Alimony can only last for 10 years in Texas when a marriage exceeded 30 years. Permanent alimony is not an option, and alimony may be much shorter than 10 years if the marriage lasted fewer than 30 years.
Is There a Cap on Alimony in Texas?
Yes. The maximum amount of monthly alimony a Texas court can order is $5,000 or 20% of the paying spouse’s gross income. Whichever of these is less applies.
Who Can Help Me with Alimony-Related Legal Matters?
Rodriguez & Gimbert, P.L.L.C. can provide the legal advice and services you need to confront alimony-related legal matters. We understand that it can be stressful and intimidating to face this issue on your own, but you don’t have to when you have our support.
Learn more about how we can help during a free case review. Contact us online to learn more!