Saturday, December 13, 2008

FAQ: Can I get Alimony in Texas?

No. There is no “Alimony” per se under Texas law. However, the Court can grant “spousal maintenance” in certain limited circumstances, such as when: (1) there has been a conviction (or a grant of “deferred adjudication”) for an act involving family violence within two years of the filing for divorce, or during the pendency of the divorce, (2) the parties have been married for at least ten years and the spouse seeking the maintenance “lacks sufficient property” . . . “to provide for the spouse's minimum reasonable needs” and when any one of the following [a, b, or c] exist: (a) the spouse seeking the maintenance is unable to support him or herself through “appropriate employment because of an incapacitating physical or mental disability,” (b) the spouse seeking the maintenance is the custodian of a child of the marriage (of any age) who requires substantial care and personal supervision because of a physical or mental disability, or (c) the spouse seeking the maintenance “clearly lacks earning ability in the labor market adequate to provide support for the spouse’s minimum reasonable needs.”