Determining Alimony in a Texas Divorce

When a marriage ends, one spouse often provides continued financial support to the other in the form of spousal support payments. Traditionally, it was the husband who paid alimony to the wife, but with the rate of dual-income and same-sex couples, support is generally paid by the spouse who earns a higher income. The goal is to put (each of the parties) of the divorcing couple on equal footing.

Spousal support or alimony payments can be temporary or permanent. Temporary alimony ends after a certain period of time — generally after a period long enough for the recipient to rebuild, or rehabilitate himself or herself financially. Permanent alimony awards cease when the recipient remarries, either party dies, upon the retirement of the obligor, or at some other point when the court orders that one party has prevailed on a Complaint for Modification showing a substantial change in circumstances.

Deviation from standard alimony formulas

Several factors could render a deviation from the traditional alimony formulas. These include, but are not limited to:

  • Certain sources and amounts of unearned income
  • Advanced age or chronic illness
  • Tax implications of divorce
  • Premarital cohabitation of the recipient spouse
  • Second job income

The court may also make a finding that one spouse is either voluntarily underemployed or purposely unemployed. In those cases, the court may attribute income to said spouse. Both child support and alimony are based on what that working spouse could be earning based on their background, education, experience, and training.

Discovery in alimony cases

Quite often, divorce lawyers and family law attorneys utilize discovery methods, such as document requests or depositions, in order to aid us in reaching the truth as to one’s need or ability to pay.

You won’t have to pay a lot to get a fair alimony order

Although there are seldom real winners in divorce when a case goes before a judge, it is very common for one spouse to feel as if he or she won on one issue, yet the other spouse claims victory on another issue. The fact is that setting your sights on being the winner in your divorce is pointless. Instead, the focus should be on what you will have to go through, in terms of money, time and stress, to wage a costly court battle. To learn more about alimony in Texas, go to our FAQ section.

We charge one flat rate rather than bill clients by the hour. People frequently insist that our fees are too good to be true. They worry that their case is too complex for us to handle on a flat fee basis. We prove them wrong. No case is too complex. We provide complete legal services for uncontested divorce matters.