Divorce 101: Let’s Talk About What Alimony Is

Alimony has been a topic when divorce is touched up. What is alimony and why is it covered under the divorce? Alimony is contractual financial support that is paid by the spouse to the other spouse after granting a divorce.

Alimony is considered a spousal support payment, which is popularly called maintenance. Obtaining post-divorce support can be difficult because it needs the help of a divorce attorney in Houston. It is important to understand the requirements for getting alimony, which is meeting the eligibility requirements under Texas must be complete.

The court may order a spouse to pay maintenance to the other spouse if it lacks sufficient property in meeting minimum reasonable needs. It often refers to:

• Food
• Mortgage payments
• Property taxes
• Insurance
• Medical expenses
• Gas
• Utilities, etc.

Statutory bases for spousal maintenance

Now all spouses filing for alimony can get maintenance. The receiving spouse has to prove, even one of the four statutory bases, to be entitled to spousal maintenance:

• Custody of a child. The spouse should prove to have custody of the children of the marriage who requires parental supervision and substantial care, because of a mental or physical disability. In addition, caring for the child to prevent them from earning enough to give for their minimum reasonable needs.
• The marriage lasted 10 years of marriage. A minimum of 10 years of marriage stops the spouse from making enough money to provide the minimum reasonable needs, despite efforts to earn or get trained to make enough money.
• Date of the divorce filed. Within two years before the date of the divorce case was filed or the divorce case is still pending, the spouse received deferred adjudication for or convicted of a criminal offense. The criminal offense here amounts to family violence against the child or spouse. The receiving spouse is not earning enough money to provide their minimum reasonable needs due to physical or mental disability.

How long does alimony be effective?

The court determines the eligibility and takes into account any relevant factors to mandate how long and the manner a spouse received payments. Texas law had set a cap of $5, 000 monthly or 20% of the supporting spouse’s average gross income. The time period is required as the shortest amount of time possible, permitting the receiving spouse to change the circumstances to support their own minimum reasonable needs.

Statutory alimony payments can’t be increased, but may be decreased if the paying spouse’s circumstances alter. Failure to meet the payment results in contempt, your divorce attorney can explain this.