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Alimony Ley de Familia

Houston Alimony Attorney

Building Strong Alimony Solutions During a Harris County Divorce

Divorce is never easy, but it can be made even more stressful when you have to worry about how you will support yourself financially.

If you are worried about how you will make ends meet after your divorce, you can rely on the attorneys at The Mora Law Firm to help you develop a plan for alimony. We will work hard to ensure that you are taken care of and that you have the resources you need to move forward with your life.


Ready to get your Houston alimony case started? Contact us today at (832) 346-6330 or using our online form.


How Long Does Alimony Last in Texas?

In Texas, alimony is known as spousal maintenance. After a divorce, a judge will determine how long the alimony payments will last. The decision will be based on many different factors, such as the length of the marriage, the standard of living during the marriage, and the financial circumstances of both parties.

In general, alimony will last as long as the payor's income is sufficient to support the recipient. Texas law states that alimony will terminate upon the death of either party or upon the recipient's cohabitation with a new partner. If the recipient begins cohabiting with a new partner, the alimony payments will be reduced to the amount necessary to maintain the recipient's former standard of living.

Some other factors a judge may consider when determining the length of alimony include:

  • The length of the marriage
  • The financial circumstances of both parties
  • The ability of the payor to support the recipient
  • The ability of the recipient to become self-supporting
  • The age and health of both parties
  • Any contribution by one party to the education, training, or career advancement of the other
  • Any contribution by the recipient to the acquisition of property by the payor
  • The conduct of the parties, including whether one party wasted the marital property or income
  • The ability of the payor to pay alimony

If you are concerned about how you will make ends meet after your divorce, don't hesitate to reach out to The Mora Law Firm for help. We will work with you to develop a plan for alimony that aligns with your needs and that will allow you to move forward with your life.

How Is Alimony Calculated in Texas?

There are several factors that can affect the calculation of alimony in Texas.

  • First and foremost, the judge will consider the financial circumstances of both parties. If one spouse has a significantly higher income than the other, the judge may order higher payments of alimony.
  • Additionally, if the recipient spouse has a lower standard of living than the payor spouse, the judge may order higher payments. The judge will also consider the length of the marriage when determining alimony payments. If the marriage lasted a decade or longer, the judge may order longer-term payments.
  • Lastly, the judge will consider whether the recipient spouse is capable of becoming self-supporting. If the recipient can find a job that pays enough to support themselves, the judge may order a reduction in payments.

If you are concerned about how you will make ends meet after your divorce, don't hesitate to reach out to The Mora Law Firm for help. We will work with you to develop a plan for alimony that aligns with your needs and that will allow you to move forward with your life.

How Does Alimony Work in Texas?

Eligibility: To be eligible for spousal maintenance in Texas, the requesting spouse must demonstrate that they lack sufficient property, including separate property, on dissolution of the marriage to provide for their minimum reasonable needs, and one of the following:

  • The paying spouse was convicted of or received deferred adjudication for domestic violence within two years before the divorce was filed, or
  • The requesting spouse has an incapacitating physical or mental disability, or
  • The requesting spouse has been married to the paying spouse for at least 10 years and lacks the ability to earn sufficient income to provide for their minimum reasonable needs.

Amount and Duration: The amount and duration of spousal maintenance in Texas is determined by the court based on several factors, including:

  • The requesting spouse's financial resources and ability to meet their minimum reasonable needs,
  • The paying spouse's ability to pay spousal maintenance,
  • The duration of the marriage,
  • The age, employment history, earning ability, and physical and emotional condition of the requesting spouse, and
  • Whether either spouse contributed to the other's education or training.

The maximum amount of spousal maintenance that can be awarded in Texas is $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is less. The duration of spousal maintenance depends on the length of the marriage and can be for up to five, seven, or ten years.

Modification: Spousal maintenance can be modified if there is a material and substantial change in the circumstances of either spouse that makes the existing order unfair or inappropriate. For example, if the paying spouse experiences a significant decrease in income or the requesting spouse remarries or cohabitates with a new partner.

Tax Implications: Spousal maintenance in Texas is taxable income for the receiving spouse and tax-deductible for the paying spouse, except in cases where the payments are designated as "non-taxable" in the divorce decree.


Ready to get your Houston alimony case started? Contact us today at (832) 346-6330 or using our online form.


 

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