Texas Divorce Alimony
In Texas, alimony is more commonly known as spousal maintenance. The Texas alimony is rehabilitative or temporary in nature and is hardly awarded on a permanent basis unless the court finds it to be just. Alimony for an indefinite time period is awarded only when the receiving spouse is medically unfit or has to face unavoidable inconvenience for earning his or her own livelihood.
Generally, the court grants alimony when one of the spouses is convicted of committing family violence within 2 years prior to the filing of the petition of the divorce. The alimony is more likely to be sanctioned if the length of the marriage is above 10 years or so.
The Factors for Determining Alimony
The Texas divorce alimony is granted in order to financially support the economically disadvantaged spouse so that he or she is able to meet up the minimal ‘reasonable needs’. The following are the conditions that the court takes into account while deciding on the amount and duration of the divorce.
The payment of alimony is refused by the court, if it finds that the spouse is not making considerable effort to complete the educational or the career oriented course for the development of his or her employability skills.
- To receive the alimony the spouse must prove his or her inability to support himself or herself for independent living.
- The court may award alimony to the spouse who has to stay back in the home for the welfare of the child and is unable to generate income by going out for work.
- The alimony is also provided to the spouse for the time being until he or she is able to develop marketable skills for employment.
The General Determinants for Calculating the Duration and Sum of Alimony
According to the Texas divorce alimony, the court has fixed the upper limit of the payment of alimony. The sum of alimony must not exceed $2,500.00 if paid on a monthly basis or 20% of the payer spouse’s gross monthly income. But a spouse is eligible to earn a greater amount of alimony if the other spouse has agreed to the alimony settlement done between the couple.
- The financial resources available with the alimony seeking spouse
- The potential income generation skills available with the spouse
- The length of the marital life
- The age, mental and physical health conditions, educational and employment background of the receiving spouse
- The effort made by the dependant spouse to seek for employment
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