Alimony, referred to as “spousal upkeep” in Texas, is a fee made by one former partner to the opposite throughout or after a divorce. It may be some of the contentious points in a divorce or separation.
A query typically posed: Is alimony at all times awarded after a divorce in Texas? The reply is a transparent no; Texas has strict necessities associated to an award of upkeep, and such assist will solely be granted when these particular standards are met.
Right here, our Texas alimony attorneys clarify the important thing issues to find out about a spousal assist award in a Texas divorce.
What to Know Concerning the Alimony Legal guidelines in Texas
Put succinctly, alimony or upkeep isn’t at all times awarded in a Texas divorce. In truth, it’s hardly ever granted in our state, as a result of Texas has some of the slim and restrictive alimony/upkeep legal guidelines in the complete nation.
Beneath Texas Household Code Sec. 8.051, an individual will solely be entitled to obtain court-ordered upkeep if they’ll show that they “will lack ample property, together with the partner’s separate property, on the dissolution of the wedding to offer for the partner’s minimal affordable wants”, and one of many following 4 issues:
- Lengthy Marriage (10 Years or Extra): An individual can qualify for alimony after a divorce in the event that they have been married for a minimum of ten years and so they lack the flexibility to earn ample revenue to offer for his or her minimal affordable wants.
- Can not Be Self-Enough On account of Incapacity: An individual may additionally qualify for upkeep after a divorce—whatever the size of the wedding—in the event that they can’t be financially self-sufficient resulting from a severe or incapacitating psychological or bodily incapacity.
- Partner is Caregiver for a Disabled Youngster from the Marriage: Court docket-ordered upkeep may additionally be awarded following a divorce—whatever the size of the wedding—to a partner who’s the full-time caretaker of a kid from the wedding who has an incapacitating psychological or bodily incapacity, and that function of caretaker prevents that partner from assembly their minimal affordable wants.
- Household Violence: The Court docket may additionally order upkeep if one partner was convicted of, or obtained what is named deferred adjudication for, a felony offense involving household violence towards the opposite partner or the opposite partner’s baby—and that offense occurred inside two years of submitting for divorce.
Presumption That Choose Ought to Award Minimal Quantity of Alimony to Meet Wants
If a partner qualifies to obtain alimony after a divorce in Texas, there’s a coverage in place that requires a decide to presume that the award must be the minimal quantity of monetary assist that’s obligatory to satisfy their wants (i.e., “minimal affordable wants”). Nevertheless, this presumption might be rebutted. Additionally, what it means for somebody to have the ability to meet their “minimal affordable wants wants” is set on a case-by-case foundation.
It is usually notable that Texas—not like most different states—has a strict statutory cap on spousal upkeep awards. The most quantity of upkeep that may be ordered per thirty days in a divorce case in Texas is the lesser of $5,000 or 20% of the gross month-to-month revenue of the payor.
Schedule a Confidential Session With Our Dallas Alimony Lawyer
At Orsinger, Nelson, Downing, and Anderson, LLP, our Dallas divorce attorneys have the abilities and household regulation expertise to deal with the total spectrum of alimony circumstances. Contact our regulation agency immediately at 214-273-2400 for a strictly confidential preliminary authorized session.
