Post-Divorce Alimony in Texas
Post-Divorce Alimony in Texas
In Texas, post-divorce alimony is referred to as "spousal maintenance." Spousal maintenance is not automatically awarded in every divorce case. To be eligible for spousal maintenance in Texas, certain conditions must be met. Here are some key points to know about post-divorce alimony in Texas:
Eligibility Criteria:
a. The spouse seeking maintenance must be unable to earn sufficient income to meet their minimum reasonable needs due to a physical or mental disability.
b. The marriage must have lasted for at least ten years, and the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs.
c. The spouse seeking maintenance must be caring for a child with a physical or mental disability, preventing them from earning sufficient income to meet their minimum reasonable needs.
Duration of Spousal Maintenance:
The duration of spousal maintenance in Texas depends on various factors. Generally, if the eligibility criteria are met, the court will determine the duration based on the length of the marriage. The maximum duration is:
a. Five years if the marriage lasted less than ten years but more than 20 years.
b. Five years if the marriage lasted between ten and 20 years.
c. Seven years if the marriage lasted 20 years or longer.
Amount of Spousal Maintenance:
The court considers several factors when determining the amount of spousal maintenance, including the spouse's ability to provide for their minimum reasonable needs, the paying spouse's ability to pay, and any family violence issues. The amount of spousal maintenance awarded cannot exceed the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income.
Modification and Termination:
Spousal maintenance can be modified or terminated under certain circumstances. If there is a substantial change in the circumstances of either spouse, such as a significant increase or decrease in income, the court may modify the amount or duration of spousal maintenance. Spousal maintenance automatically terminates upon the death of either spouse or if the recipient spouse remarries.
It's important to consult with a family law attorney in Texas to understand the specific laws and guidelines regarding spousal maintenance in your particular situation. An attorney can provide personalized advice based on your circumstances and help you navigate the process of seeking or contesting spousal maintenance in Texas.
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