In Texas, courts don’t automatically grant alimony, also known as spousal support, in divorce cases. However, if a spouse meets certain conditions, the court may order the other spouse to make alimony payments for a limited period. So, why pays alimony in a divorce? An experienced Texas divorce attorney can assist you in determining whether you or your ex-spouse will have to pay alimony.
What Is an Alimony Payment?
Alimony is a financial support payment typically made from the higher-earning spouse to the lower-earning spouse after a divorce. It provides the lower-earning spouse with enough income to meet their reasonable needs while they work toward becoming financially self-sufficient.
How Do I Qualify to Receive Alimony in Texas?
According to the Texas Family Code, a spouse must meet specific criteria to qualify for alimony. The first criterion is that the spouse seeking alimony must be unable to provide for their minimum reasonable needs. After that, they must also meet one of the following two criteria:
- They must have experienced domestic violence committed by the other spouse within two years of the divorce.
- They must be unable to provide for themselves due to physical or mental disability, they must have been married to the other spouse for at least 10 years and be unable to earn sufficient income, or they must be the custodian of a child with the other spouse who requires substantial care and supervision due to physical or mental disability.
How Are Alimony Payments Calculated?
The Texas Family Code outlines eleven factors the court will consider when calculating the amount of alimony owed to the other spouse. These factors are:
- Each spouse’s ability to provide for their own minimum reasonable needs
- Each spouse’s education and employment skill set
- The length of the marriage
- The petitioning spouse’s age, employment history, earning ability, and physical and emotional condition
- The effect child support or spousal maintenance payments would have on the spouse
- Acts by either spouse to hide assets
- The contribution of one spouse to the education or training of the other
- The property brought into the marriage by each spouse
- The contributions of each spouse to the home
- Marital misconduct committed by either spouse
- A history or pattern of domestic violence
Based on these factors, the court will determine a payment amount that doesn’t exceed $5,000 or 20 percent of the paying spouse’s average monthly gross income, whichever is smaller.
How Much Tax Do I Pay on Alimony Received?
According to the Internal Revenue Service (IRS), alimony payments made or received for divorces executed on or after January 1, 2019, no longer have tax implications for either spouse. The paying spouse no longer deducts the payments from their income, and the receiving spouse no longer includes the payments in their income.
Duration of Alimony Payments
The duration of alimony payments depends on a few factors laid out in the Texas Family Code. The first is the duration of the marriage before its dissolution:
- If the marriage lasted less than 10 years, but the spouse receiving the payment is otherwise eligible, alimony payments will last for no more than five years.
- If the marriage lasted for more than 10 years but less than 20, alimony payments will last for no more than five years.
- If the marriage lasted for more than 20 years but less than 30, alimony payments will last for no more than seven years.
- If the marriage lasted for more than 30 years, alimony payments will last for no more than 10 years.
The second is the existence of additional circumstances. In general, courts will order alimony payments for the shortest duration necessary for the receiving spouse to become financially independent. However, the following circumstances may cause the court to order the maximum allowed alimony duration:
- If the spouse has a physical or mental disability that reduces their earning capacity
- If the spouse is the primary caretaker of a minor child
- If there is another compelling impediment to the spouse earning sufficient income
Either party or the court can request a review at any time to determine the necessity of ongoing alimony payments. If the court determines the payments are no longer necessary, it may rule to cease them.
Also, alimony payments will cease if either spouse dies or the spouse receiving the payments remarries or lives with another person with whom they have a romantic relationship.
Contact a Texas Divorce Attorney Today
Are you preparing for a divorce in Texas? Contact The Adams Law Firm at (281) 391-9237 for a consultation with one of our family law attorneys. We’ll review your case, help you understand your legal options, and go over your next steps.
