Understanding Alimony in Texas Divorce: How to Determine Your Eligibility 

 Posted on July 28, 2023 in Divorce

Alimony, also known as spousal support, can significantly affect divorce proceedings. In Texas, determining whether alimony will be awarded depends on various factors. Today, we will explore the key factors that influence the inclusion of alimony in a Texas divorce settlement and how you can properly assess your eligibility. Discuss with your divorce attorney as to whether spousal support will be a factor in your case. 

Determining Alimony Eligibility in Texas

1. Need and ability to pay: To be eligible for alimony, you must demonstrate a genuine financial need for support and an ex-spouse’s ability to pay. The court takes into account factors like earning capacities, income disparities, age, health, and education levels when assessing the financial needs of the requesting spouse. Additionally, the court considers the paying spouse’s ability to pay without experiencing undue financial hardship. 

2. Length of marriage – The duration of the marriage is an essential consideration in determining alimony. In Texas, a marriage lasting over ten years qualifies as a long-term marriage, which can increase the likelihood of an alimony award. However, even in shorter marriages, alimony may be considered if certain circumstances indicate a genuine need for support. 

3. Contributions to the marriage – The court will likely evaluate the contributions made by each spouse throughout the marriage, not only in terms of homemaking, childcare, education, and career sacrifices. The intention is to ensure that both parties are treated fairly and equitably. 

4. Dissipation of marital assets – Marital misconduct, such as wasteful dissipation of marital assets or financial misconduct, can impact alimony eligibility. If one spouse has used marital assets inappropriately or unfairly depleted marital property, it may affect their chances of receiving or paying alimony.

Consulting an Attorney

Navigating the legal complexities surrounding alimony in Texas can be challenging. Therefore, it is strongly recommended to consult with an attorney who will evaluate your particular situation, assess your eligibility, and guide you through the divorce process. Gathering key evidence, negotiating on your behalf, and representing your interests in court if necessary are essential roles divorce lawyers play during divorce proceedings. 

Contact a Collin County Divorce Attorney

Understanding the factors that determine whether spousal support will be awarded is important for anyone going through a divorce in Texas. Contact the experienced North Texas divorce lawyer with Pfister Family Law for assistance in your Texas divorce. Call 972-954-6455 for a private consultation. 

Source:

https://www.forbes.com/advisor/legal/divorce/texas-alimony/