Ask your family law attorney to help you weigh your options. Skip to content Aubrey M. Connatser, Pllc Dallas, Texas info connatserfamilylaw. By Larry Upshaw How alimony is determined varies from state to state.
What is the standard alimony allowance in Texas? I have friends who receive more alimony than that. How long can I expect to receive spousal maintenance following a divorce in Texas? How easy is it to qualify for spousal maintenance in Texas? Does the state of Texas really expect me to go back to work? Under what circumstances is alimony or spousal maintenance terminated in Texas? Do I have to pay taxes on alimony or spousal maintenance in Texas?
Can spousal maintenance be modified in Texas? The provision of alimony payments can be one of the most intensely contested issues in a divorce case. The concept of alimony as lifestyle support for a former spouse does not reverberate with Texas public policy; however, issues involving post-divorce periodic payments of money from one spouse to another are still a major aspect of divorce cases in the state.
This blog examines the Texas no-alimony policy and the distinction between alimony and spousal maintenance in Texas. The establishment of a marital relationship creates certain legal duties for both spouses. Among these spousal duties is the reciprocal duty to support the other spouse, particularly in the realm of finances. Find Help. Legal Help Directory. Qualifying for Legal Aid.
Working with Private Attorneys. Professional Use Only Forms. Search Search. Will the court order spousal support in my case? The duration of the marriage is irrelevant. The marriage has lasted for at least 10 years and the spouse seeking spousal maintenance lacks sufficient property or income to provide for her reasonable needs AND is either a disabled or b primary caretaker of a disabled child, or c lacks earning ability to provide for his or her minimum reasonable needs.
The parties can agree that spousal maintenance be payable for a certain time period. If a spouse is a sponsored immigrant, he or she could enforce the Affidavit of Support executed by the other spouse and request that the Court order the sponsor to provide the immigrant spouse percent of the Federal Poverty Guidelines until the immigrant spouse becomes a U.
How does the Court decide if a spouse lacks earning ability to provide for his or her minimum reasonable needs? The Court will consider all the relevant factors, such as: Financial resources available to each party once their property is divided by the court, The education and employment skills of the spouses, The time necessary to obtain sufficient education or training to enable the spouse to earn sufficient income, and The availability and feasibility of such training.
How long will spousal maintenance be paid? If a spouse is awarded spousal maintenance because the other spouse has been convicted or received deferred adjudication for a family violence offense within two years of the filing of the divorce or while the divorce was pending, OR the marriage lasted for at least 10 years but less than 20 years, the spousal maintenance award may not remain in effect for more than five years.
If the marriage lasted for at least 20 years but less than 30 years, the spousal maintenance award may not remain in effect for more than seven years. If the marriage has lasted for 30 years or more, the spousal maintenance award may not remain in effect for more than 10 years.
How does the court determine how much maintenance is paid? There is no formula to tell you how much spousal maintenance you will be awarded. Is spousal maintenance taxed?
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