Spousal Maintenance (Alimony)

"How will I survive financially?" is one of the biggest concerns of spouses during a divorce. Texas courts will, under certain circumstances award spousal maintenance in the divorce decree. It is not automatic and it is only available under certain restricted circumstances.

Alimony? Spousal Support? What is the Difference?

Texas is often said to be a "no alimony" state. While this may be semantically correct, Texas does have "spousal maintenance" which is a limited form of financial support. The circumstances where spousal support can be awarded are limited by state law and were last reformed in 2011 by the state legislature.


What are the situations where support may be awarded?

In Texas, spousal maintenance may be ordered if the marriage has lasted 10 or more years AND one of the spouses will lack sufficient resources to provide for reasonable, minimal needs. Maintenance can also be awarded if there is a history of family violence within two years of the divorce filing or while it is pending, regardless of the length of the marriage. The court is also allowed to consider exceptional needs such as medical conditions of the spouse or a child they will care for.

The court's decision to award spousal support can also be effected by a host of other considerations. Asset division, child support, and spousal support are all interwoven considerations. Adjusting one, may well have an effect on the others. The attorneys at Eddington Worley can guide you through this complex process giving you your best chance for ongoing financial stability.

Other Considerations

Under Texas law, all income is considered community property until a divorce is granted by the court. Therefore it is not uncommon for a court to order a temporary split of income while the divorce is proceeding so that both parties can live and pay bills until the case is settled.

Eddington Worley, PC