San Antonio Alimony Attorneys
Helping You Understand & Navigate Alimony Laws in Texas
Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. In Texas, alimony is not awarded in every divorce case. Instead, it is only awarded in certain situations.
At Wilson Law, P.C., we understand that alimony can be a contentious issue in a divorce. Our San Antonio alimony lawyers are here to help you understand your rights and options. We can also help you fight for a fair and favorable alimony arrangement. Whether you are seeking alimony or are being asked to pay it, we can provide the legal guidance you need.
For a consultation with our alimony attorneys in San Antonio, call (210) 405-4919 or contact us online.
How Is Alimony Calculated in Texas?
Unlike child support, there is no set formula for calculating alimony in Texas. Instead, the court will consider a variety of factors when determining whether to award alimony and, if so, how much to award. Some of the factors the court will consider include:
- The length of the marriage
- The age and health of each spouse
- The earning capacity of each spouse
- The education and work experience of each spouse
- Each spouse’s financial resources
- Each spouse’s contributions to the marriage
- Each spouse’s separate property
- Each spouse’s marital misconduct
It is important to note that the court will not consider marital misconduct when determining whether to award alimony. However, the court may consider marital misconduct when determining how much alimony to award. For example, if one spouse cheated on the other, the court may award the faithful spouse more alimony.
Types of Alimony in Texas
There are several different types of alimony in Texas, including:
- Temporary Alimony: Temporary alimony is awarded while the divorce is pending. It is meant to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage.
- Rehabilitative Alimony: Rehabilitative alimony is awarded to help the lower-earning spouse become self-supporting. It is typically awarded for a specific period of time, during which the lower-earning spouse can obtain the education or training they need to find a job.
- Permanent Alimony: Permanent alimony is awarded to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. It is typically awarded in long-term marriages.
- Reimbursement Alimony: Reimbursement alimony is awarded to compensate the lower-earning spouse for supporting the higher-earning spouse while they obtained an education or training. It is typically awarded in cases where one spouse supported the other through medical school or law school.
Can Alimony Be Modified in Texas?
Yes, alimony can be modified in Texas. However, the court will only modify an alimony order if there has been a material and substantial change in circumstances. For example, if the spouse paying alimony loses their job, they may be able to get the alimony order modified. If the court agrees to modify the order, it may increase or decrease the amount of alimony or terminate the alimony altogether.
Can Alimony Be Terminated in Texas?
Yes, alimony can be terminated in Texas. In fact, most alimony orders are temporary and will automatically terminate on a specific date or if a specific event occurs. For example, the alimony order may terminate when the lower-earning spouse gets remarried or when the lower-earning spouse obtains a specific level of education or training.
Even if the alimony order does not automatically terminate, the court may still terminate the order if there has been a material and substantial change in circumstances. For example, if the lower-earning spouse gets a job and no longer needs the alimony, the court may terminate the order.
How Long Do You Have to Be Married to Get Alimony in Texas?
There is no minimum length of marriage required to get alimony in Texas. However, the court is more likely to award alimony in long-term marriages. In Texas, a long-term marriage is typically considered a marriage that lasted at least 10 years.
How Can a Lawyer Help with Alimony?
Whether you are seeking alimony or are being asked to pay it, a lawyer can help you understand your rights and options. A lawyer can also help you gather the evidence you need to support your case. For example, if you are seeking alimony, a lawyer can help you gather evidence of your spouse’s income and earning capacity. If you are being asked to pay alimony, a lawyer can help you gather evidence of your spouse’s education, training, and work experience.
If you are seeking alimony, a lawyer can also help you determine how much alimony you are entitled to. As mentioned above, there is no set formula for calculating alimony in Texas. Instead, the court will consider a variety of factors when determining how much alimony to award. A lawyer can help you understand how these factors may apply to your case.
Why Choose Wilson Law, P.C.?
At Wilson Law, P.C., we understand that alimony can be a contentious issue in a divorce. Our San Antonio alimony lawyers are here to help you understand your rights and options. We can also help you fight for a fair and favorable alimony arrangement. Whether you are seeking alimony or are being asked to pay it, we can provide the legal guidance you need.
For a consultation with our alimony attorneys in San Antonio, call (210) 405-4919 or contact us online.
Have Questions?
We Have Answers!
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What is a “legal separation?”Texas, unlike other states, does not recognize a “legal separation.” Instead, temporary orders concerning marital issues (financial issues, child conservatorship, matters of residence) can be granted while a divorce is pending.
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What does a “temporary order” mean in Texas?
Texas law does not recognize “legal separations.” Instead, after a divorce is filed, either party may request a “temporary order,” which determines the temporary situation until the divorce is decreed.
For example, a temporary order can dictate who will remain in the house, pay what bills, and visitation matters for the non-custodial parent. It’s important to understand that a temporary order is not always required.
Also, if the parties involved agree to the temporary order, there may not need to be a hearing. However, some situations are so volatile that a judge is asked to impose a temporary order after listening to the evidence presented.
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In Texas, is marital property automatically divided 50/50?Texas law does not insist that property must be divided equally. Instead, a judge will divide the community estate into a “just and right” division.