If you're currently going through a divorce, you may wonder how you can financially support yourself if you relied on your spouse's income. But receiving alimony isn't so cut and dry and differs from state to state. If you live in Texas and are wondering if you or your spouse could be awarded alimony, the guide below can shed some more light. 

Spousal Maintenance Following Divorce

How Does Alimony Work?

If alimony is assigned in a divorce, one spouse must earn substantially more than the other. The spouse earning more money provides financial support to the other. The state will only approve alimony if the party seeking support proves they can’t currently sustain themselves outside of the marriage, and that employment would be difficult to obtain.

According to Texas law, payments can’t exceed $5,000 a month or 20% of the payor’s monthly earnings. The amount depends on several factors: marriage duration, age, education, work history, standard of living, if any children need special care, the time it would take for the recipient to become self-sufficient, and the ability of the payor to support themselves.

How Long Does Alimony Last?

Texas rarely awards alimony. When it does, it’s a short-term measure so that the divorced couple can move on with their lives as quickly as possible, but there are exceptions.  

Marriages must last a minimum of 10 years to qualify for alimony. However, alimony can be assigned in marriages under 10 years if a pattern of domestic violence is established. In both cases, the court may order alimony for five years. If a couple divorces after 20 and 30 years, alimony will last seven and 10 years, respectively.

Support can be extended if both parties agree. It can be assigned indefinitely if the receiving spouse or their children are permanently disabled and unable to provide for themselves.

What Are The Restrictions?

Alimony can be revoked in several cases. If one of the spouses passes away, the agreement is voided. If the receiving spouse has not made enough of an effort to become self-sufficient, including taking classes to develop skills or applying to jobs, the court will end the payment order. Alimony will end if the receiver remarries or is financially supported by a live-in romantic partner. If the divorced couple has children who no longer need a parent at home full-time, alimony will be revoked. In older couples, a judge may modify the amount of alimony paid when either former spouse retires.

If you have questions concerning divorce and alimony laws in Texas, schedule a free consultation with Ronald D. Zipp Attorney at Law at (830) 629-5600. Zipp has contributed to the New Braunfels community with dedication and compassion for over 40 years through legal representation, involvement in charities, and honorable military service. Zipp and his staff have experience in numerous legal fields, including family law, criminal law, and estate planning. For more information on their many areas of expertise, visit their website.