Texas Divorce Law...

Texas Law - What Factors Affect the Alimony Amount?

Texas has a policy of limiting alimony.

In general, alimony will be granted only in marriages of ten years or more, and only if the spouse receiving maintenance will not have enough property after the divorce to provide for his or her minimum reasonable needs, and only if:

• The recipient is physically or mentally disabled, and so can not support himself or herself; or
• The recipient is custodian of a child who has physical or mental disability making it advisable that the recipient not be employed outside the home; or
• The recipient clearly lacks earning ability in the labor market.

Maintenance may also be awarded if the payer committed a criminal offense that is an act of family violence within 2 years before the suit was filed, or some time after the suit was filed.

Courts may not award alimony for more than three years unless the situations described above continue beyond that time.

A court may not award alimony of more than $2,500 per month or 20% of the paying spouse's average monthly gross income, whichever is less. The court will consider several factors in deciding how much to award.

Sections 3.9601, 3.9603, 3.9605

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