If you are getting a divorce in Texas, a common question you may have is whether you will be entitled to alimony, which is also known as maintenance or spousal support. Texas has laws1 governing alimony, which were changed in recent years. However, there are different ways to determine whether you will receive alimony following your divorce.
If you and your spouse signed a prenuptial agreement, chances are the agreement addressed the issue of alimony. Some agreements set a specific amount of alimony while others involve giving up the right to alimony. However, it is important to have your divorce attorney review your prenuptial agreement to ensure it is enforceable. If you signed away your right to alimony under duress or false pretenses, you can argue that the court should not honor that agreement.
Some spouses are able to sit down and discuss their financial needs and agree to a certain amount of alimony for a certain period of time. If you were a stay-at-home parent and need training or education to get an adequate job, your spouse may agree to help support you until you can support yourself. These agreements can be for monthly payments for a specific duration or for a lump sum settlement that you can use as you wish. Mediation and negotiation by your attorney can help you reach a fair agreement.
If your spouse refuses to agree to alimony, the court can determine whether you are eligible for alimony under the law. The court will review specific criteria including:
- You have the financial need for support
- You cannot earn adequate income due to a disability
- The marriage lasted for 10 years or more
- Your spouse committed recent acts of domestic violence
- You are caring for a child with special needs that prevents you from working
Once it is determined that you qualify based on one of the above criteria, the court will then examine other factors to determine the amount and duration.
Discuss Your Situation with a Skilled Katy, TX Divorce Lawyer Today
Alimony can be essential to supporting yourself after a divorce. If alimony is at issue in your case, you need a highly skilled Katy divorce attorney who understands the changes in Texas law. Please call The Vendt Law Firm, P.L.L.C. at 832-276-9474 today.