Fabio & Merrill

What are the conditions for which alimony is awarded?

In a divorce in Texas, you may bring up the topic of alimony or spousal support. This is money paid by one spouse to the other to help provide for financial needs. The court may order you to pay or you may receive it. However, spousal support is not always ordered in every case. The law has specific instances in which the court can require alimony.

The basic requirement for a spousal support order, according to the Texas Constitution and Statutes, is that you do not have enough finances to support yourself and you need extra income from your ex-spouse. When looking to see if you have enough money to support yourself, the court looks at property you own. If you could sell property to provide an income, the court considers that.

Most often the court grants support because one spouse is unable to work to make a sufficient income. However, even then, you must meet certain requirements. For example, you can show you cannot work because of a disability. Another situation may occur if you have a child you take care of and taking care of that child prevents you from working. If you simply are unable to work for other reasons, then you must have been married for at least ten years.

The law is fairly specific and direct when it comes to awarding spousal support. If you can earn an income to support yourself, the chances are not good that the court will give you alimony. This information is for education and is not legal advice.

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