When you’re getting a divorce, it is natural to assume that spousal maintenance payments (known as alimony) are guaranteed in every divorce case. After all, child support payments are necessary for every divorce involving children, and in Texas, property and assets are always divided in a just and right way.
Why wouldn’t spousal maintenance be the same way?
While we understand this reasoning, the reality is that they are not guaranteed.
What Is Spousal Maintenance?
While child support payments are designed to cover a child’s basic needs, spousal maintenance is regular payments made from one spouse to another to help the recipient meet their minimum reasonable needs. However, spousal maintenance is not guaranteed. A person must request and qualify for it as part of the divorce proceedings, and the Court will look at various factors before making a final decision.
The judge overseeing your spousal maintenance claim looks at the following information:
- The existing financial needs of the spouse — A spouse who isn’t working or doesn’t have equal earning capacity to the other party will likely qualify for spousal maintenance.
- The length of the marriage — The chances of paying or receiving spousal maintenance generally increase with the length of your marriage. It’s thought to be harder for a spouse to regain financial independence after a prolonged period of marital dependency.
- The paying spouse’s ability to afford alimony — The judge overseeing your case also considers whether the paying spouse can afford alimony given their existing financial situation or other factors.
- Education and current occupation of both parties — Education and chosen occupation can be used to determine future earning capacity, thus making it an important element in determining if spousal maintenance is owed.
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