Austin Divorce Law FIrm
Take The Next Step 512.271.2063

Does Texas Have Alimony?

Alimony, also known as spousal support, can be awarded in a divorce to help the lower income-earning spouse pay their living expenses. Both spouses can reach an agreement regarding alimony, or it can be awarded by the Court.

Qualifying for Alimony in Texas

The spouse petitioning for alimony must show that he or she cannot meet their reasonable needs. If the court determines that a spouse qualifies for alimony, it will determine the amount and fhow long it should last.

First, in addition to proving reasonable needs cannot be met, one of the following conditions must also apply to qualify for alimony:

  • The paying spouse received deferred adjudication or was convicted for committing an act of family violence during the marriage (but not more than 2 years before the suit for divorce) or during the pendency of the divorce.
  • The petitioning spouse has a physical or mental disability.
  • The petitioning spouse cannot support his or her reasonable needs because he or she must provide an exceptional amount of care for a child with a physical or mental disability.
  • The marriage lasted more than ten years.

How Long Does Alimony Last?

Alimony is not designed to last indefinitely in Texas. It will only last until the spouse requesting alimony is able to meet their minimum reasonable needs. The maximum duration of alimony in Texas is:

  • Alimony can last up to 5 years if the marriage lasted less than a decade and the paying spouse was abusive.
  • Alimony can last up to 5 years if the marriage lasted 10 to 20 years.
  • Alimony can last for up to 7 years if the marriage lasted for 20 to 30 years.
  • Alimony can last up to 10 years if the marriage lasted more than 30 years

If the receiving spouse remarries, alimony payments would generally terminate. If the receiving spouse cohabitates with a new partner, alimony will not automatically be terminated, but you can file a motion with the court to do so.

Additionally, when awarding the amount, the court may only order up to the lesser of:

  • $5,000 a month, or
  • 20% of the paying spouse’s monthly gross income.

These numbers are the maximum amount, and the Court can only order up to the amount necessary to meet the spouse’s minimum reasonable needs.

Speak to an Experienced Family Law Attorney Today!

If you are petitioning for alimony, turn to Melissa M. Williams for the skilled legal assistance you need to achieve the best possible outcome for your circumstances. Our team has exclusively practiced family law for more than two decades and is committed to providing compassionate and knowledgeable legal advice.

Get started on your case today and contact us at (512) 271-2063 to set up an initial consultation with a knowledgeable member of our family law team.