Fort Worth Alimony Lawyer

In Texas, Alimony is called spousal maintenance, and the objective behind this payment system is to set a divorce-based financial imbalance between the spouses’ rights. While alimony does not play a role in every divorce, it is an important factor in some.

When alimony requests are part of a divorce, it can become a highly contentious issue. If not handled correctly, this can lead to costly delays and complications in the divorce process.

If you are facing a divorce and have questions or concerns related to alimony, don’t wait to consult with an experienced Fort Worth alimony attorney.

Alimony Is Based on a Financial Imbalance

When a couple of divorces and one spouse is left without the financial resources to continue supporting themselves, and the other is capable of providing financial assistance, alimony can be ordered. The court takes many factors into account in the determination of alimony, and it is generally set for an amount and a duration that affords the recipient the time necessary to become more financially independent. Alimony can also be awarded while the divorce is pending.

There Is No Presumption of Alimony

The starting point for Texas courts is that alimony will not be awarded. In other words – in order to receive alimony – you will need to convince the court that you did what you could to become gain financial independence while your divorce was proceeding, but your good-faith efforts failed to suffice. If you clear this hurdle, the court will move forward with considering your request.

In Order to Qualify for Alimony in Texas

In order to qualify for alimony in the State of Texas, the spouse who petitions the court for maintenance must demonstrate that divorce will leave them without the financial ability to provide for their own basic needs at or near the same standard achieved during the marriage. In addition, one of the following circumstances must apply:

• The couple was married for at least 10 years.
• The spouse requesting alimony cannot work outside the home because they are the primary custodial parent of a child who needs substantial ongoing care or supervision due to a physical or mental disability.
• The spouse requesting alimony is unable to support themselves financially as a result of an incapacitating physical or mental disability.
• Within two years of filing for divorce, the spouse who is requested to pay alimony was convicted of family violence against the other or against their shared children.

The Factors that Guide the Court’s Decisions

Every alimony determination is considered with respect to the unique factors that apply. Once alimony is deemed appropriate in the case at hand, the court will carefully address factors such as the following in order to calculate the amount and duration of the maintenance payments:

• The duration of the marriage
• Each spouse’s age, job history, mental and physical health, and overall earning potential
• Each spouse’s overall financial ability to provide for their own reasonable needs upon divorce
• The amount of separate property each spouse has
• The level of education and employability of each spouse
• The amount of time the spouse who is requesting alimony will need to acquire the education, job training, job skills, or experience to gain greater financial independence
• Whether either spouse spent down, gave away, hid, or otherwise got rid of marital assets during the divorce process
• The degree to which the spouse requesting alimony contributed to the education, career development, or earning power of the other
• The ability of the spouse with the alimony obligation to meet their own financial needs while making the alimony payments
• The contributions the spouse requesting alimony made to the marriage, including in the form of parenting and housekeeping
• Any history or pattern of domestic violence in the marriage
• Any additional factors the court finds relevant to the alimony case at hand

The matter of marital misconduct can also play a role, and this is true even when the divorce is no-fault, which most in Texas are. For example, if the spouse who is requesting support is proven to have committed adultery, the financial support can be denied in response.

The Duration of the Alimony Payments

Alimony is generally set for a specific amount of time that is intended to provide the recipient with an opportunity to become more financially stable. As such, the following basic guidelines generally apply:

• If the couple was married for more than 10 years but fewer than 20, alimony is generally set for 5 years.
• If the couple was married for more than 20 years but fewer than 30, alimony is generally set for 7 years.
• If the couple was married for more than 30 years, alimony is generally set for 10 years.

Except when there are extenuating circumstances – such as when the recipient is caring for a child who requires full-time supervision – courts in Texas generally order alimony for the least amount of time necessary to allow recipients to gain financial independence.

Alimony’s End

Even if the set duration for the alimony order has not expired, there are circumstances that can terminate these payments, including:

• The recipient marries or begins cohabitating with a romantic partner.
• Either the recipient or the payor dies.
• The court reviews the alimony order and modifies it.

An Experienced Fort Worth Alimony Attorney Is Standing by to Help

Many divorces do not address alimony, but if your divorce will leave you unable to continue supporting yourself at a level similar to that achieved during your marriage, the court may consider your request. Your financial rights and your future are too important to leave to chance, and the formidable alimony attorneys at MBH Fort Worth | Family Law in Fort Worth have the legal insight, experience, and drive to zealously advocate for your case’s best possible resolution.

We recognize the gravity of your case, and our focused legal team is committed to employing the full force of their impressive skill on your behalf. We are on your side and here to help, so please don’t wait to reach out and contact us for more information today.