Austin Alimony Lawyer

Determining Eligibility 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 eligibility is established. In order to be eligible for alimony, the spouse making the request must show that he or she requires financial support to maintain a similar quality of life after the divorce. In addition to demonstrating need, the requesting spouse must show that one of two conditions apply to their situation.

The spouse seeking alimony must be unable to support their needs 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
• Have been married for 10 years or longer

A spouse may also be entitled to alimony if he or she was the victim of family violence. 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.

Determining the Amount & Duration of Alimony

Once the court has decided that a spouse is eligible for alimony, the next step is to determine the amount and duration of the award. The amount of alimony payments cannot exceed 20% of a person’s gross monthly income or $5,000 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.