What are Texas Alimony Laws?

Information Provided by our Houston Alimony Lawyer

Photo of Court RoomHave you recently been involved in a divorce proceeding in Texas? Are you struggling to understand the alimony laws in your state? If so, you may want to speak with our qualified Houston spousal support attorney, John K. Grubb, to learn the details of the post-divorce alimony laws in your area.

Contractual alimony is payments from one spouse to the other based on an agreement made between both parties in the divorce decree or pursuant to a premarital agreement. If spouses do not agree, a court may order support payments from one spouse for the care and support of the other.

A spouse may receive support payments during a pending divorce, and the divorce decree will then order either rehabilitative or permanent maintenance. Currently, Texas law orders rehabilitative maintenance almost exclusively in order for the recipient spouse to pursue education or job training to become self-sufficient.

Texas courts order maintenance if one spouse lacks sufficient property to provide for his or her “minimum reasonable needs,” and can additionally demonstrate one of the following:

  1. The recipient spouse is unable to earn sufficient income due to mental or physical disability;
  2. The marriage was over 10 years and the recipient lacks sufficient income;
  3. The recipient spouse is the primary custodian of a child of the marriage with physical or mental disabilities; or
  4. The payor spouse was convicted or received deferred jurisdiction for family violence within two years of the divorce being filed.

For all cases of court-ordered maintenance, the court must only order maintenance for the minimum amount of time and duration allowed by statute so that the recipient spouse is able to provide for his or her own needs.

It is important to be knowledgeable of these particular alimony laws, especially if you are involved in a post-divorce proceeding. Your Houston alimony attorney can assist you in the researching of these laws and how they affect your case. To learn more about specific Texas alimony laws, contact our Houston alimony attorney today.