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Which Partner Pays Spousal Maintenance After a Divorce?

Posted by Eric Labovitz | Sep 06, 2019 | 0 Comments

Spousal maintenance (or alimony) is a monthly payment from one ex-spouse to the other for a set period. An award of alimony depends on a few marital factors.

Eligibility for Alimony

To qualify for alimony in Texas, a spouse must prove they can't support their current lifestyle with their separate sources of income.

One of the following must apply to their situation:

  • The spouse making the payment was convicted of, or received, deferred adjudication for family violence committed either during the marriage or during the pendency of the divorce; or
  • The spouse seeking alimony is not able to earn enough income to support their lifestyle. This could be due to:
  1. Physical or mental disability
  2. Responsibility to a child of the marriage who needs care due to physical or mental disability
  3. The marriage lasting at least 10 years

Texas Alimony Laws

Once it is determined that a spouse is eligible for an award of alimony, the court must then grant an alimony amount as well as decide a length of time for the alimony to be dispersed. A court will only award $5,000 or less to the eligible spouse or 20% of the alimony payor's monthly income.

Alimony awards will last for:

  • up to 5 years, if the marriage was 10 years or less and the paying partner was abusive;
  • up to 5 years, if the marriage was between 10 to 20 years in length;
  • up to 7 years, if the marriage was 20 to 30 years in length;
  • up to 10 years, if the marriage was more than 30 years in length; or
  • indefinite, if there is a child who needs to be taken care of for the rest of their life.

Labovitz Law Firm Is Here for You

Whether an ex-spouse is claiming you owe alimony or you are seeking alimony, the proceedings will affect your financial future, potentially for years to come. The help of an attorney with experience in spousal maintenance can help you navigate the complicated proceedings.

Call our firm at (817) 374-4056 or contact us onlinefor a free consultation.

About the Author

Eric Labovitz

Attorney Eric Steven Labovitz is an experienced trial attorney who is passionate and highly skilled in the field of criminal law. He excels in taking cases to trial but understands that trial may not be the ideal solution to every case. Instead, he works with his clients to determine goals for th...


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