Alimony

Alimony Lawyers in Forth Worth

Tarrant County Legal Assistance For Alimony & Spousal Support

It is not uncommon for alimony to be an issue in a Texas divorce. In divorce proceedings, including those involving spousal support, we represent clients at Mark Childress Law. Call us to schedule a consultation so we can discuss your case.

Find out if you will have to pay or receive spousal support in Texas by contacting one of our attorneys.

Call our family law attorney near you at (817) 497-8148 or complete our online contact form to get started with your case evaluation. We serve Tarrant, Parker, Johnson, Wise, Hood, Denton, Somervell, and Jack Counties as well.

How is Alimony Defined in Texas?

A spouse may be awarded alimony (also called spousal support or spousal maintenance) after a divorce is finalized. Maintaining a lifestyle established during a marriage is the purpose of spousal maintenance. It is possible to issue spousal support temporarily or permanently, and it can be modified in certain circumstances.

How Is Alimony Determined in Texas?

Texas alimony laws state that when a couple gets divorced, they can agree outside of court about whether one spouse should receive alimony, and the court is likely to approve the arrangement.

Often, though, spouses are unable to agree on alimony, and they have to ask the court to make the determination, which is basically a two-part process.

First, the court will determine whether the spouse seeking alimony is eligible to receive it.

Texas courts take into consideration many factors when determining eligibility for court-ordered alimony, also called spousal maintenance. Of primary concern, though, is whether the spouse seeking alimony is able to provide for his or her own minimum reasonable needs. If not, then alimony may be ordered.

The court may also order alimony under any of the following circumstances:

The spouse being asked to pay alimony was convicted of a family violence crime against the other spouse or the other spouse's child.
The spouses were married for at least 10 years and the spouse seeking alimony is unable to earn sufficient income to cover basic needs.
The spouse seeking maintenance has an incapacitating mental or physical disability.
The spouse seeking maintenance is the custodian of a child who requires special care because of a mental or physical disability.

Second, the court will determine the amount and duration of payments.

Depending on the circumstances, there may be multiple factors that affect the amount and duration of spousal maintenance. Those factors include:

Each spouse's financial resources and ability to provide for his or her own basic needs
The age, earning ability, education and employment history of the spouse seeking alimony
The physical and emotional condition of the spouse seeking alimony
How long it would take for the spouse seeking alimony to acquire the education or job training needed to provide for his or her own basic needs
How much property each spouse brought to the marriage
Whether court-ordered alimony would affect either spouse's ability to pay child support
A spouse's contribution as a homemaker
Any marital misconduct such as cruel treatment or adultery
Any history of family violence
Any acts by either spouse that resulted in the abnormal loss, destruction or concealment of community property

Keep in mind that court-ordered alimony is based on facts presented to the court, and a spousal support lawyer in Fort Worth is best suited to make your case.

Whether you are seeking maintenance or being asked to pay, it is important to work with a lawyer who will give you straightforward, cost-effective guidance in divorce and family law matters. A skilled negotiator can present your case and help ensure that your quality of life does not suffer after your divorce.

Is Alimony Taxable in Texas?

If you live in Tarrant County and are grappling with the complexity of alimony taxation, it is advisable to contact a Fort Worth alimony attorney for more guidance.

In Texas, alimony payments are generally taxable to the payee and deductible by the payer as long as they meet Internal Revenue Service guidelines.

For example, if the recipient is declared as reliant on the payer for spousal support in Texas, then it will likely be taxable income for them.
Conversely, if the recipient isn’t declared dependent on their ex-spouse, then it isn’t taxable but won’t be deductible for their former partner.

A Fort Worth alimony lawyer can review your individual situation and offer advice about how best to handle your taxes so that you are in compliance with both state and federal tax law.

Contact us at (817) 497-8148 now. Our spousal maintenance attorneys in Fort Worth look forward to helping you find a path forward.

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Alimony FAQ

What is the difference between spousal maintenance and contractual alimony?

Spousal maintenance is ordered by the court under certain conditions, while contractual alimony is an agreement between spouses, typically included in a divorce settlement.
Are there limits to spousal support in Texas?

The amount is based on the receiving spouse’s needs and the paying spouse’s ability to pay. However, Texas law caps spousal maintenance at $5,000 per month or 20% of the paying spouse’s monthly income, whichever is less.
Can alimony be terminated in Texas?

Yes, spousal support typically ends if the recipient remarries or cohabitates with a new partner. It also terminates upon the death of either party.
Can spousal support be awarded during the divorce process?

Yes, a spouse can request temporary spousal support during the divorce proceedings to help with living expenses until the divorce is finalized.
Can a prenuptial or postnuptial agreement affect spousal support?

Yes, prenuptial or postnuptial agreements can include provisions waiving or limiting spousal support, and courts generally uphold these agreements unless they are unconscionable.
Can I receive spousal support if I’m working?

Yes, but the amount and duration of support may be affected by your earning capacity. If you can support yourself fully, the court may deny or reduce spousal maintenance.
What if my spouse refuses to pay court-ordered spousal support?

If a spouse fails to pay court-ordered support, you can file a motion for enforcement with the court, which may result in wage garnishment, fines, or even jail time for noncompliance.
Is spousal support awarded in every divorce case in Texas?

No, spousal maintenance is only awarded in limited circumstances where the requesting spouse cannot meet their basic needs and meets the statutory requirements.
Does adultery affect spousal support in Texas?

While Texas is a no-fault divorce state, courts may consider marital misconduct, such as adultery, when determining spousal support, especially if it impacts the financial situation.
Can spousal support be part of a settlement agreement?

Yes, couples can negotiate spousal support terms as part of their divorce settlement agreement, which may provide more flexibility than court-ordered maintenance.
Is spousal support common in short-term marriages?

Spousal support is less common in short-term marriages unless there are extenuating circumstances, such as a disability or family violence. Courts are more likely to award support after longer marriages.

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