| The law regarding alimony in Texas is very rigid and | | | | conceal or dispose of community property |
| clear and only under very specific circumstances will | | | | - The financial resources of both partners, including |
| alimony be awarded. Your divorce lawyer is the best | | | | medical, retirement, insurance and other benefits |
| person to advise you as to whether you are likely to | | | | - Both spouses separate property |
| receive alimony payments as part of your divorce, but | | | | - The increased level of education and earning power |
| until you meet with your lawyer, here is information that | | | | of your spouse that you contributed to during your |
| will help you get a clearer picture of whether you will | | | | marriage |
| be receiving alimony, or “spousal maintenance”, | | | | - Property that was brought into your marriage by |
| as it is legally referred to in Texas. | | | | either spouse |
| In Texas you can only apply for alimony if either of the | | | | - Homemaker contributions made by either spouse |
| following situations is relevant to your divorce: | | | | - Misconduct by either party during the marriage |
| - Your spouse committed and was convicted of a | | | | - Your willingness to seek employment counseling The |
| crime of family violence within the two years leading | | | | Collaborative Law Approach |
| up to your filing for divorce or during your divorce. | | | | If you seek out a divorce attorney who has |
| - You marriage lasted 10 or more years and you | | | | experience in collaborative law, and proceed with |
| don’t have the resources to meet your minimum | | | | spousal maintenance discussions in a collaborative law |
| living requirements | | | | setting, you may find a greater willingness on the part |
| - You are unable to support yourself due to a physical | | | | of your spouse to support you after the termination of |
| or mental disability | | | | your marriage. Many lawyers are turning to a |
| - You are parent to a child or children who have | | | | collaborative approach to divorce; where both parties |
| physical or mental disabilities | | | | to the divorce and their attorneys physically come |
| - You lack the ability to hold a job and earn a living to | | | | together to work out the details of the divorce. |
| support your minimum needs. | | | | Collaborative divorce is gaining popularity as it does |
| As you can see, these requirements really narrow the | | | | seem to result in more amicable divorce settlements. |
| number of divorces that would have a spouse be | | | | If you have issues like spousal maintenance to factor |
| eligible for spousal maintenance. But a good divorce | | | | into your divorce settlement, a collaborative approach |
| attorney, well-versed and experienced in Texas family | | | | is highly recommended. |
| law will be able to inform you as to your eligibility. | | | | Even though there are many attorneys who specialize |
| It is also important to note that even if you do meet | | | | in collaborative law, using a collaborative law attorney |
| the above requirements, there are still more criteria | | | | does not guarantee spousal maintenance will be |
| that you will need to meet before being granted | | | | awarded. And even if it is, there are limits on what you |
| spousal maintenance in Texas. | | | | will receive. Texas family law allows for alimony |
| What you will likely be told during a meeting with your | | | | payments to continue for no more than three years |
| divorce attorney is that the family law court will then | | | | and your maximum monthly payment will be $2,500 or |
| consider all of the following points when deciding your | | | | 20% of your spouse’s average monthly gross |
| level of alimony: | | | | income, whichever is less. Your lawyer will tell you that |
| - Your financial resources (including any awarded in | | | | if your spouse dies during the period of your alimony, |
| your divorce) | | | | your payments come to an end. Likewise, if you |
| - Education and employment skills of both you and | | | | remarry or are living with another person in a |
| your spouse | | | | permanent relationship, the court will decide you have |
| - The feasibility of your being retrained or educated, | | | | forfeited your rights to alimony. |
| and how long it would take | | | | There are other nuances of spousal maintenance law |
| - The length of your marriage | | | | in Texas that make it important to seek out a divorce |
| - Your earning ability, in conjunction with your age | | | | lawyer who can guide you in this area. Higdon, Hardy, |
| - Your physical and psychological health | | | | and Zuflacht are San Antonio family lawyers who can |
| - Your spouse’s financial needs, in relation to his/her | | | | guide you in your divorce proceedings, and will work |
| income and costs including child support payments etc | | | | with you to decide whether it is in your best interest to |
| - Any dishonesty on the part of either spouse to | | | | seek an alimony settlement. |