Alimony in Texas

By Jody L. Johnson

Clients frequently ask about their obligation to pay or ability to receive alimony. Texas Courts have limited authority to order alimony after a divorce is granted. However, while your case is pending, the Court has unlimited authority to award temporary spousal support. The Court will consider the needs of the requesting spouse and the ability of the other spouse to pay. The Court will additionally consider the health and age of the parties, ability to work, responsibility for children, availability of funds, and the length of the marriage. As a general rule, temporary spousal support will be ordered for a limited period of time and in an amount necessary to cover the basic necessities of life. To receive alimony after divorce (referred to as “spousal maintenance”), generally you must have been married for a period exceeding 10 years, and in certain situations, you may be qualified to receive up to $2,500 per month for a maximum of three years. It is also necessary that you show that you have been diligent in seeking suitable employment or developing skills necessary to become self-supporting. There are some exceptions, such as in the event you have an incapacitating physical or mental disability or you are the custodian of a child of the marriage who requires substantial care because of a physical or mental disability that impacts your ability to work.

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