Will Alimony Be Awarded in My Texas Divorce?

 Posted on June 23, 2023 in Divorce

Spousal support, also known as alimony or spousal maintenance, is a legal arrangement where one spouse provides financial assistance to the other spouse after a divorce or separation. Years ago, it was almost guaranteed that in a divorce, the husband would be ordered to pay the wife alimony. However, that “guarantee” is no longer the case, and judges only award alimony under specific circumstances. And it is no longer just the husband who pays alimony – there are many divorces today where the wife is ordered to pay the husband.

The following are some of the common factors that judges consider when there has been a request for alimony payments.

Standard of Living

The court considers the standard of living established during the marriage. If one spouse is unable to maintain a similar standard of living after the divorce, spousal support may be awarded to help them transition and adjust financially.

Spousal support is often considered when there is a significant difference in the income or earning capacity between the spouses. If one spouse earns considerably more than the other, spousal support may be awarded to help bridge the gap and maintain a similar standard of living for both parties.

Length of Marriage

The duration of the marriage is an important factor in determining alimony eligibility. Generally, longer marriages are more likely to result in spousal support, as the court recognizes that one spouse may have sacrificed career opportunities or financial independence for the benefit of the marriage. The court may consider the contributions of each spouse to the marriage when determining spousal support eligibility. This includes both financial contributions (such as income earned) and non-financial contributions (such as caring for children, maintaining the household, or supporting the other spouse's career).

Age and Health

The age and health of the spouse seeking support may be taken into account. If a spouse is nearing retirement age, has health issues, or has limited employment prospects due to age or health, it can impact their eligibility for spousal support.

Agreements or Pre-nuptial Agreements

Spousal support eligibility may also be influenced by any pre-existing agreements between the spouses. If there is a pre-nuptial or post-nuptial agreement that addresses spousal support, the court will likely enforce the terms outlined in the agreement unless the validity of that agreement is challenged.

Contact a Collin County Divorce Attorney Today

If you are divorcing your spouse and are concerned about alimony eligibility, a McKinney, TX spousal support lawyer can answer all of your questions. Call The Ramage Law Group at 972-562-9890 to schedule a confidential consultation and learn what all of our legal options may be.

 
Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm