When couples are going through a divorce, one of the most hotly contested and seemingly nebulous legal areas concerns the question of alimony, or maintenance. This is the payment that the court orders one spouse to pay to the other to help with living expenses in addition to any money paid in child support. Alimony can be paid by either spouse, though usually it is paid by the one with a higher income. The court determines the amount of alimony based on income and the length of the marriage. They also look at the grounds for the divorce and the behavior of the spouse seeking alimony payments. Texas family law attorneys can work for both parties to reach a mutually agreeable settlement.
As Texas family law attorneys will tell you, there are three types of alimony in the state. Temporary alimony is mandated by the court before the divorce proceedings actually go through, and they may be waived or altered after the divorce is finalized. Short-term alimony must be paid for a specific time after the divorce to give one spouse time to find a job or learn a new skill set. Long-term or permanent alimony is usually paid in cases where one spouse has considerable needs or for the termination of lengthy marriages.
The courts look at several factors when it comes to determining alimony. First they ascertain that the one spouse is actually able to make alimony payments. They will look at their gross income and subtract all necessary deductions, such as health insurance, income taxes, and social security. If this final tally is high enough to reasonably pay alimony, the court will then agree on the amount to be paid, with the help of Texas family law attorneys for each party. The court also examines the income of the spouse seeking alimony. They will look at their current employment and marketable skills. They will also take it into consideration if a spouse is raising young pre-school aged children without access to or the ability to pay for daycare. The court also takes into consideration the standard of living during the marriage and tries to maintain it for both parties as much as possible. However, this is less of a concern than the other matters, and there is no guarantee that both parties will end up living as before.
Texas family law attorneys work hard to make sure that alimony payments are fair and equitable. Under state law, courts cannot mandate alimony unless one spouse was convicted of domestic abuse, the marriage lasted at least ten years, or one spouse did not have enough property to meet their needs. If you are going through a divorce and you or your spouse is seeking alimony, make sure to hire one of the many excellent Texas family law attorneys. They will help insure that justice is served and the best interests of both parties are met.
The lawyers at Nunis & Associates are professional and aggressive Texas family law attorneys. We work in all areas of family law, including divorce, alimony, child support and custody, domestic abuse, paternity, separation, and more. For more information, call us at or use our use our convenient online form at to contact a family lawyer today.
