Dallas Alimony & Spousal Support Attorneys
Does Texas Have Alimony?
If you are considering filing for divorce, you may be wondering, "is there alimony in Texas?" When couples divorce in Texas, there is no automatic presumption under state law that either party will walk away from the situation with an order to pay or receive alimony. Either spouse, however, can request to receive alimony, which is also known as spousal support or spousal maintenance.
If you and your spouse have an uncontested divorce, in which the two of you work out agreements for a negotiated settlement, you may choose to include arrangements for the payment of alimony.
Pre-Nuptial Agreements and Spousal Support
Another possibility is that you might have a pre-marital agreement or post-marital agreement in place that includes provisions for the payment of spousal support in the event of a breakup. When this is the case, it sometimes occurs that there is a dispute concerning whether or not the terms of the agreement have been met, such as if the agreement provides for alimony payments in the event that one spouse commits adultery.
How Is Alimony Determined in Texas?
In cases of contested divorce - when an out-of-court settlement is not possible and the divorce goes to a trial - one spouse will often include a demand for alimony in his or her terms for the divorce. When this happens, the judge will make the decision of whether or not to award alimony based on several factors.
For example, it may be that the spouse who is requesting support payments is doing so because he or she lacks the personal financial resources to be self-sufficient after having become economically dependent during the marriage. In other cases, a request for spousal support in Texas is made based on evidence that the other spouse is to blame for the breakup of the marriage through domestic violence or other misconduct.
When determining the amount to award in alimony payments, a family law judge will review several different issues. These include:
- The duration of the marriage
- The division of assets and debts
- Which parent will receive custody of the children
- The individual economic resources and earning power of each spouse
- Contributions rendered in the capacity of a homemaker and stay-at-home parent
Whether you are anxious to ensure that you will receive spousal support or you are worried that you may be ordered to pay alimony, you can turn to O’Neil Wysocki P.C. for help.
Is There Palimony in Texas?
Texas courts do not recognize the concept of “palimony,” or the idea that a partner is entitled to financial support after a breakup. In order to qualify for spousal support, the couple will need to have been legally married or have had a common law marriage.
How Long Does Alimony Last in Texas?
In Texas, alimony, also known as spousal maintenance, is not as common as in some other states, and its duration is typically limited compared to permanent alimony. The duration of alimony in Texas depends on various factors and is determined on a case-by-case basis.
In general, alimony in Texas may be awarded if certain criteria are met. These criteria include the spouse seeking alimony lacking sufficient property to meet their minimum reasonable needs after the divorce, or if they have been a victim of domestic violence during the marriage. Additionally, the duration of the marriage is a crucial factor in determining the length of alimony payments.
In short-term marriages (defined as marriages lasting less than 10 years), alimony is less likely to be awarded, and if it is, it is usually for a limited duration to allow the receiving spouse to transition and become financially independent. For longer marriages (10 years or more), alimony may be awarded for a longer period, but it is not designed to be indefinite.
Texas courts consider various factors when deciding the duration of alimony, such as the financial resources of both spouses, the recipient's ability to meet their financial needs independently, the education and employment skills of the recipient spouse, and the efforts made to seek employment or acquire education or skills.
It's important to note that alimony in Texas can be modified or terminated under certain circumstances, such as the recipient spouse getting remarried or cohabiting with a new partner.
Get Help from an Alimony Lawyer in Dallas, TX
Our Dallas alimony lawyers have more than 155 collective years of experience and have received recognition that includes board certification, the Martindale-Hubbell® AV® Rating, and inclusion in the Texas Super Lawyers ® list. We routinely work with teams of outside experts such as certified public accountants, financial planners, investigators, and others who assist us in gathering the evidence we need to make a compelling case for our client. Let us put our skill and experience to work for you.
Contact O’Neil Wysocki P.C. now for an initial consultation to discuss your concerns and learn about addressing the issue of spousal support in Texas.
- Difference Between Alimony & Spousal Support
- Introduction to Alimony in Texas
- Is Alimony Still Tax Deductible?
Call us at (972) 852-8000!