Can I Ask for Alimony If I Have No Kids?
The common term for alimony today is spousal support – financial support rendered to a wife or husband. Therefore, you can ask for spousal support if you did not have children when married. Children are not a determining factor when making this request.
The main issue involves your need for money and whether the other party can pay you. You’ll need to review the legal requirements for receiving support and consult with a Fort Worth alimony lawyer near you.
Texas law defines spousal maintenance or spousal support as an award given in a lawsuit for the dissolution of marriage that covers periodic payments. These payments are determined by the income of one spouse for the needs and support of the other spouse.
How the Court Determines the Amount You’ll Receive
If you ask for spousal support and your ex-husband or ex-wife has the means to pay you, the court will also consider other factors.
These factors will help them determine whether they should award the support, for how long, and for how much. Therefore, the court will review the following:
- Each of the parties’ ages
- How long they’ve been married
- The income earned by each party
- Each person’s level of education
- The ability of each party to gain employment and work
- The previous lifestyle
If you live in the areas of Southlake, TX, Fort Worth, TX, or Denton, TX, speaking to a family lawyer will help you get a clear understanding of your rights along these lines. For example, you’re probably wondering how much you can receive for spousal maintenance in Texas.
The Cap on Alimony in Texas
There is a cap on alimony or spousal support in Texas. A court-ordered judgment – paid involuntarily by a spouse – is set by statute. The law caps the amount at $5,000 or 20% of the payer’s average monthly gross income, whichever is lower.
For example, let’s say you ask for spousal support. The other party makes $8,000 per month before taxes. Depending on your lifestyle and need, you may receive as much as $1,600 per month in alimony.
Because financial problems often play heavily into divorce cases, what you will receive will depend strongly on the other party’s ability to pay.
When Does Spousal Support End?
Your court-ordered spousal support will end after a specific time or if certain life changes are made. To determine the length of the spousal support, the court looks at the size of the marriage and the reason it ended.
For instance:
- if you ended the marriage because of family violence or abuse and were married less than ten years, you can receive alimony payments for up to five years.
- The court allows payments to run up to five years, as well, for couples married between 10 and 20 years.
- If you were married between 20 and 30 years, you might receive spousal support for up to seven years.
- Spousal support would last up to ten years if the marriage lasted at least 30 years.
- If you’re disabled or you have a disabled child, how long you’re married is considered irrelevant. You can receive spousal support as long as you’re eligible.
- However, it’s still important to remember that even if you’re successful with your request, you still need to count on the services of a family law attorney in Southlake, TX, Fort Worth, TX, or Denton, TX.
- For example, the obligated spouse may ask the court to reduce the amount, especially if they experience a significant change in their circumstances.
- Also, court-ordered spousal maintenance may end if either the payer or recipient dies or the receiver remarries. The court will also end the support payment if the judge learns that the receiving party is living in a permanent residence with another person with whom they are romantically involved.
- Call a Family Law Attorney About Your Alimony Questions Now
Discuss Your Concerns with an Alimony Attorney Near You
Do you have questions about spousal support or want to know more about divorce proceedings in Fort Worth, TX, Southlake, TX, or Denton, TX? If so, schedule a consultation with MBH Fort Worth | Family Law today. Call 817-476-7964 to discuss your family’s legal case now.
Constance Mims
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
