Many people are understandably quite concerned about their financial resources once divorce occurs. Many people have misunderstandings about alimony in Texas. TEXAS DOES HAVE ALIMONY… contrary to what many people believe. In Texas, Alimony is referred to as spousal support or spousal maintenance and provides for limited periodic support to one spouse in several limited situations:
1. During the divorce process, as part of temporary orders, the spouses may agree or the judge may order temporary support of one spouse, usually for a limited period of time. (referred to as spousal support).
3. As part of a final divorce decree, the spouses can agree to longer term support and can structure the payments to provide financial benefit to both spouses. (referred to as contractual spousal alimony)
3. Absent agreement, Texas has stringent requirements for court ordered support for a spouse. The judge will look for several required conditions:
-Spouse paying alimony must have either been convicted or received deferred adjudication for family violence crime within 2 years of the divorce filing;
-Married for at least 10 years and recipient spouse is not able to self support due to mental or physical disability or lacks skills to obtain a job to provide for their minimum needs;
-Married for at least 10 years and recipient spouse has custody of a child with special needs that prevents the spouse from self support outside home.
The amount of support and duration the judge can order are also limited.
Needless to say, alimony and spousal support issues are very complex and experienced advice is crucial to ensure your rights are protected and pitfalls, especially tax, are avoided. Call today for your your free private consultation. 713-960-9696.