Spousal Maintenance (Alimony)
"Alimony" in Texas is legally termed "spousal support" or "spousal maintenance." The concept of spousal maintenance or support is that a husband or wife may be entitled to temporary, rehabilitative, or permanent spousal support. Until 1995, Texas alimony had not been available. It is still a difficult part of divorce law and only awarded in limited circumstances.
For spouses who have dedicated their married years to being a stay at home parent or home caretaker, a divorce can be difficult, especially if they have been out of the work force or cannot receive the same salary as their previous lifestyle provided.
Also, if a child of the marriage has a disability preventing a spouse from being employed due to the constant care required, losing the income from the other spouse could be traumatic on that parent.
A judge can order spousal maintenance only in limited circumstances. The spouse seeking the alimony bears the burden to show that he or she does not have sufficient resources to meet reasonable minimal needs.
Another element adding to the qualifications of a spouse to receive court-ordered spousal maintenance is if family violence has occurred within two years prior to the petition for divorce being filed.
But even if a judge orders alimony, there are still limitations to the amount a person can receive and for how long it can be received.
Texas alimony statutes pose many challenges to overcome. The family law attorneys this firm, Jerry Bain, Michael Jarrett, and Bruce Bain, are board certified in family law by the Texas Board of Legal Specialization. This is your assurance that our lawyers have met stringent guidelines of competency and experience.