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How is Alimony Determined?

Explained by Our Houston Spousal Support Lawyer

Texas courts have a predisposition to provide temporary alimony for spouses, in order to allow the receiving spouse to receive the proper training necessary to enter the workforce. Courts often review the following factors when determining whether temporary alimony is necessary:

  • The financial resources available to each spouse
  • The ability of the payor spouse to support the receiving spouse
  • The educational background and work history of the receiving spouse

Criteria for Other Forms of Court-Ordered Alimony

If the parties did not agree to alimony arrangements through a pre-marital agreement, a family law court may order that one spouse pay alimony to the other. Alimony may be granted by the court in two situations:

  • Where the payor spouse was convicted of a crime related to family violence within two years of the divorce petition
  • Where the parties have been married for ten years and the receiving spouse is in a limited financial situation

If either of these situations arises, the court may use the following factors to determine the extent, duration and amount of alimony ordered:

  • The financial ability of one spouse to financially support the other spouse
  • The length of the marriage
  • Disparity in income levels between the two spouses
  • The resources available to each spouse, including any individual or community property retained by each spouse
  • The age, work history, educational background and ability of each spouse to obtain gainful employment
  • Efforts by the receiving spouse to seek employment counseling
  • Any physical or mental disability of the receiving spouse
  • The responsibility of one spouse to care for the children
  • Contributions by the receiving spouse to the education and employment opportunities of the other spouse
  • Misconduct by the receiving spouse

Regardless of the above circumstances, the amount of monthly court-ordered alimony may not exceed $2,500 or 20% of the paying spouse’s gross income, whichever is less. Additionally, except in cases where the receiving spouse suffers from a disability, the court may only order alimony for a period of three years or less.

Providing Assistance to Houston Families

If you are facing the possibility of divorce, you should contact a Houston divorce lawyer to assist you. The Houston spousal support attorneys at John K. Grubb & Associates, P.C., are experienced in a wide variety of divorce matters, including permanent and temporary alimony arrangements. For further information, contact the Houston alimony attorney at our firm today.