Austin Alimony Lawyers

What Qualifies a Spouse For Alimony?

In some situations, couples may agree to alimony. When there is a demand for alimony and the other spouse does not agree, Texas law requires that the spouse seeking post-divorce financial spousal maintenance establish and prove that they meet the requirements established by Texas law. In order to be eligible for alimony, the spouse making the request must show that he or she requires financial support to meet their own needs after the divorce. In addition to demonstrating need, the requesting spouse must show that one of two additional conditions apply to their situation.

The spouse seeking alimony must establish and prove that they will be unable to support their own needs following the divorce and:

• Have a physical or mental disability that prevents earning enough income;
• Have custody of a child from the marriage who has exceptional care needs; or
• Have been married for 10 years or longer.

A spouse may also be entitled to alimony if he or she is the victim of family violence. In such cases, the paying spouse must have been convicted or received deferred adjudication for an act of domestic violence in the final two years of the marriage, or during the divorce proceeding.

How is Alimony Determined?

Once the court has decided that a spouse is eligible for alimony, the next step is to determine the amount and the duration of the award. The amount of alimony payments cannot exceed 20% of a person’s gross monthly income, or $5,000.00 per month. The duration of alimony payments depends on the length of the marriage.  If the divorcing couple has a permanently disabled child, the award could be indefinite.

Contact Our Austin Alimony Attorneys Today

If you find yourself navigating the complexities of alimony matters, our Austin alimony lawyers are here to provide you with the guidance and support you need. At Jefferies & Herlihy, LLC, we know the sensitive nature of these cases and are committed to helping you achieve a fair resolution. Whether you are seeking alimony or defending a claim for it, we have the expertise to navigate the legal intricacies and advocate for your best interests.  We pride ourselves on delivering personalized and compassionate legal services tailored to each client's specific circumstances. Your concerns are our priority, and we are here to assist you every step of the way. Contact us today to schedule a consultation and take the first step toward securing the alimony outcome you deserve.