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Will you have to pay alimony? Maybe

Getting divorced is never an easy process. Ending your marriage means that you have to address issues like child custody and support and dividing property. You may also find that you will have to pay your future ex-wife alimony. This is a common aspect of many divorces across the country, including Texas. However, there are many factors that the court will consider when determining if you will have to pay alimony as well as the amount you will have to pay.

Due to the complex nature of divorce, it is important that you understand the process and your options. A local Katy divorce attorney can advise on the various aspects of your divorce, including a possible alimony obligation. Read further for an overview of Texas alimony laws.

Texas alimony laws

While you and your spouse might agree to spousal support, there are particular requirements that must be in place for her to demand alimony. First, she will have to establish her eligibility by showing that she cannot support her minimum needs.

Conditions for alimony

The court also requires that one of two conditions be met. One possible condition is that the paying spouse must have a conviction or received deferred adjudication for family violence. The paying spouse must have committed the act during the marriage within two years prior to the divorce petition or while the divorce was pending.

The second possible condition is that your wife is unable to earn enough income to support herself at a reasonable level. Her inability would have to be due to a disability, either physical or mental, or because she is the primary caretaker of at least one of your children that has special needs. In addition, if the marriage lasted more than 10 years, the court may grant her alimony.

Amount and time period

If one of the above conditions exists, the court will decide how much alimony you will have to pay and how long you will have to continue making payments. In general, the court will award the lesser of $5,000 per month or 20 percent of you average monthly income.

The length of time you will have to pay alimony depends of very specific circumstances. For example, if you marriage lasted between 10 and 20 years, you could pay alimony for up to five years. However, if your wife is disabled or caring for your special needs child, you could pay alimony indefinitely.

If you are considering divorce, it is important to understand all the issues that will arise during the settlement process. If you think you may have to pay spousal support, seek legal advice on Texas alimony laws.

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The Springer Law Firm

21815 Oak Park Trails Drive
Katy, TX 77450

Phone: 281-616-7540
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