Alimony, or “spousal maintenance” in Texas, is a claim for periodic payments from the future income of one spouse for the support of the other spouse. Though not a factor in every divorce, alimony is one way to ensure that both spouses are still able to meet their needs during the period of uncertainty that can follow the dissolution of a marriage. If you’re navigating a divorce and have questions about alimony, consulting with an experienced Texas divorce attorney is crucial to understanding your rights and options.
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**The court determines on a case-by-case basis if, how much, and how long any alimony will be awarded. This calculator is based on general rules under the Texas family code.
To help you understand how much alimony you might owe or be owed should the court award it in your case, Kirker Davis LLP offers an alimony calculator. This tool provides an estimate based on the higher earner’s annual gross income and the length of the marriage. Here’s how it works:
Texas law imposes specific limits on the duration and amount of court-ordered alimony. The duration of alimony payments will vary based on several factors, but the length of the marriage and the minimum amount of time necessary to allow the spouse seeking alimony to provide for his or her own minimum reasonable needs are both primary considerations.
And, regardless of the length of the marriage, a spouse may be eligible to receive alimony indefinitely if the receiving spouse has a severe disability or is the primary caretaker of a disabled child of the marriage.
In Texas, the maximum amount of alimony that you can receive is $5,000 per month or 20% of the paying spouse’s gross monthly income, whichever is less. However, the court determines the precise amount of alimony to be awarded on a case-by-case basis. Some of the factors that the court can consider are:
To be eligible to receive court-ordered alimony in Texas, the spouse seeking alimony must meet three criteria:
(1) that they are a spouse
(2) that they lack sufficient property to provide for their own minimum reasonable needs; and
(3) that they meet one of the four statutory bases for spousal maintenance.
The first factor requires that the person seeking alimony be a spouse. This means that unmarried people living together are not eligible to receive alimony.
So, what are minimum reasonable needs? The Texas Family Code does not define “minimum reasonable needs,” but instead, is decided on a case-by-case basis. Courts have considered a spouse’s ability to pay expenses such as a mortgage or rent payments, utility bills, property taxes, groceries, and transportation costs, as well as any time necessary for either spouse to obtain sufficient education or training to earn sufficient income as “needs” and resources like monthly income and the value of separate property s ways to meet those needs. Neither definition is exclusive.
Finally, the spouse requesting maintenance must meet (at least) one of the four following situations:
The spouses have been married for at least ten years and the spouse requesting alimony is unable to earn sufficient income to meet his or her own minimum reasonable needs;
-You do not have sufficient assets to provide for your own reasonable needs.
-You lack the earning potential to address your minimum reasonable needs. The spouse requesting alimony is disabled or is responsible for caring for a disabled child of the marriage, either of which prevents the spouse from being able to meet their minimum reasonable needs.
If the marriage lasted less than 10 years, but there was an act of family violence, alimony may be awarded. Also, the maintenance duration can result “indefinite” if the paying spouse has an incapacitating physical or mental disability, or is the primary caretaker of a disabled child.
If you and your spouse agree on alimony terms (which is called “contractual alimony”), such as amount and length, the court is likely to honor this agreement, especially if it is contained in a pre- or post-nuptial agreement.
The opposing spouse has been convicted of or accepted a deferred adjudication for a family violence offense against you or your child within two years before the divorce filing or during the divorce process, regardless of the length of the marriage; or
Alimony decisions in Texas are complex and highly dependent on the specifics of each case. Given the broad discretion of the court, it’s crucial to have knowledgeable legal representation. A Texas divorce attorney can help you understand how these factors may apply to your situation and guide you through the process.
The experienced divorce attorneys at Kirker Davis LLP are ready to assist you in understanding your eligibility for alimony and ensuring your financial future is protected. Contact us at 512-746-1746 today.
