Spousal support, or alimony, is not a given in a Texas divorce. However, there are situations where it is appropriate. Your Houston divorce lawyers will be able to tell you more about your specific situation and whether you’re likely to get spousal support (or have to pay it).

From Houston Divorce Lawyers: What Factors Influence Spousal Support Decisions?

Texas treats this issue a little differently from some other states, including by setting some limits on how much support a spouse can receive and how long the support can go on. In general, Texas encourages spouses to go to work and support themselves, as this is best both for the economy and for the individual. However, spousal support is certainly indicated in some cases, and the court will look at the following factors in making determinations about amounts and time limits.

Whether It’s Necessary

The first question for the court will be whether the support is necessary at all. If there is a contract in place between the spouses, then this will generally hold unless it is found to be egregiously unfair; but for the court to order spousal support, the spouse who is seeking the support must be able to show that they need it.

For example, they must be able to show that a disability would prevent them from earning the income they need. If the marriage lasted longer than 10 years, and they are not able to provide for their minimum needs even though they have attempted to get a job or get the skills they need to become self-supporting, the court may also order temporary spousal support.

The court may also order support if there is a child who needs special care and supervision to the degree that it would prevent the parent with custody from earning enough money to meet their own needs. Finally, if one of the spouses has committed domestic violence either against their spouse or against the child within two years of the divorce, the court will typically order spousal support. Find out more here about how to get help in showing that spousal support is necessary.

Financial Situation

If one of the spouses can show that they should be awarded support, the court will then consider how much and for how long the support should continue. The court will look at all the financial resources of both spouses once the property division has been made during the divorce. They will also consider things like age, employment history, and health; whether either of the spouses was wasteful with jointly owned money or other assets during the marriage; how much child support will be paid; the financial obligations of both parties; and any misconduct during the marriage, like violence or adultery.

If one of the spouses was a homemaker for the entirety of the marriage, the court is fairly likely to award them at least temporary spousal support until they can gain the experience or training needed to get a job to support themselves.

If you need spousal support or need help to defend yourself from a spouse unfairly seeking support, be sure to talk with a family law attorney as soon as possible.