- Feb 15
- 3 min read

Understanding Alimony: What You Need to Know During a Texas Divorce

Going through a divorce in Texas is undoubtedly challenging, and understanding alimony, or spousal maintenance, is a crucial aspect during these trying times. As your dedicated realtor, I aim to provide you with clear, empathetic, and straightforward information, recognizing the emotional strain that accompanies such life-altering decisions.

Eligibility Breakdown:

To be eligible for alimony in Texas, you must demonstrate a genuine inability to meet your basic needs post-divorce. The marriage duration is a key factor, requiring a minimum of 10 years. However, there's a compassionate exception – if family violence occurred within 2 years before filing for divorce, the 10-year threshold may be waived, acknowledging the unique challenges certain situations present.

Financial Insights:

Navigating the financial aspects of alimony can be overwhelming, but Texas has laid out some straightforward guidelines. The maximum monthly alimony is capped at $5,000 or 20% of the paying spouse's gross monthly income, ensuring a fair distribution that considers both parties' financial circumstances.

The duration of alimony is tied to the duration of the marriage:

Marriages under 10 years (or 10 years with abuse) may result in alimony for up to 5 years.
For marriages lasting 10 to 20 years, alimony can extend up to 7 years.
Marriages surpassing 30 years may lead to alimony for up to 10 years.

In cases where a spouse is disabled and has dependent children, alimony may be indefinite under specific conditions, reflecting the understanding of the unique challenges faced by such families.

Can I get Alimony even if I work?

While having a job is taken into account, it doesn't automatically disqualify you from receiving alimony. The crucial determinant lies in demonstrating an inability to meet your essential needs post-divorce. As mentioned earlier, various factors contribute to the decision-making process.

There are scenarios where you may still be eligible for alimony in Texas, even if you are employed:

Significantly Lower Income: If your income is substantially lower than your spouse's and your work doesn't cover your minimum reasonable needs, you might still qualify.
Limited Earning Capacity: Factors like limited skills, lack of education, or health issues impacting your work options can make you eligible for alimony.
Career Sacrifice for the Marriage: If you put your career on hold to raise children or support your spouse's career, your earning potential might be limited compared to their current income.
Extended Marital Duration: In marriages exceeding 30 years, courts can award alimony for up to 10 years, regardless of your employment status.
Primary Care for a Disabled Child: If you are the primary caregiver for a disabled child, your ability to work full-time might be restricted, making you eligible for alimony.

It's essential to note that these are general scenarios, and each case is unique. The court carefully considers all relevant factors in your specific situation before deciding on alimony, including the amount and duration.

For personalized guidance, it's crucial to consult with a qualified attorney specializing in Texas family law. They can assess your individual circumstances, navigate the complex legal landscape, and provide advice tailored to your situation, ensuring you are well-informed about your chances of receiving alimony.

Disclaimer: I am not a lawyer and this is not legal advice. Please consult with an attorney for personalized guidance on your specific situation.

Our Supportive Approach:

As your realtor and real-estate team members, we acknowledge the emotional turmoil that accompanies divorce and strive to provide information with professionalism, clarity, and empathy. Our aim is to assist you in making well-informed decisions during this challenging period.

Recognizing that lives are being significantly impacted, we approach this journey with sensitivity and understanding. Whether you're the husband or the wife, our focus is on offering valuable guidance, maintaining professionalism, and extending extreme compassion throughout the entire process. We are here to support you through this challenging chapter, providing both real estate expertise and a compassionate hand to help ease the way forward.

RESOURCES:

Texas Family Code: https://statutes.capitol.texas.gov/?link=fa

Texas Law Help - Spousal Maintenance: https://texaslawhelp.org/article/spousal-maintenance-alimony

FindLaw - Texas Alimony Laws: https://cordellcordell.com/resources/texas/texas-maintenance/