The Basics of Alimony in The Woodlands

Alimony and spousal maintenance are still alive. In certain situations spousal maintenance is an option and it may be one of the issues you have to discuss with your Woodlands Divorce Attorney. One of those situations is if your marriage lasted more than 10 years either spouse may be eligible for alimony or spousal maintenance.

Alimony is not automatic once your marriage crosses the 10 year mark. There are several additional key criteria that must be established before a judge can order alimony. Specifically, the spouse seeking support must show that he or she lacks sufficient property to provide for his or her minimum reasonable needs and that he or she either:

  1. is unable to support himself or herself after the divorce through appropriate employment because of an incapacitating physical or mental disability,
  2. is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary that the spouse not be employed outside the home, or
  3. clearly lacks earning ability in the labor market to provide for his or her minimum reasonable needs.

Pursuing alimony is an uphill battle. Even if you or your spouse passes the test described above there is a second test. The Texas Code has a statutory presumption against alimony based on a marriage of ten years or longer. In order to rebut this presumption, the requesting spouse must show

  1. he or she has diligently sought suitable employment or
  2. has diligently attempted to develop the necessary skills to become self-supporting during separation and during the pendency of the divorce suit.

The requirement of complying with the diligent job search or skills development is excused if the spouse seeking maintenance is prevented from seeking and holding employment or becoming self-supporting because he or she has an incapacitating physical or mental disability or is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary that the spouse not be employed outside the home.

Speak with a Woodlands Divorce Attorney today if you need help resolving an alimony issue in your Woodlands divorce.

About the Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a Montgomery County divorce lawyer in The Woodlands, TX today and protect your rights.

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