Alimony payment or spousal support, as it is called in Texas, is awarded to those who may have depended on their spouses for their financial support. Certain conditions of the marriage must be met before spousal support is granted in Texas with the judge taking your and your ex-spouse’s employment situation into consideration. If you feel that spousal support has been unjustly awarded and your ex-spouse is collecting payments to avoid employment, you can speak to an attorney about appealing the court’s decision.
For spousal support to be awarded in Texas, a spouse must show that she does not have the financial resources to live within reasonable parameters. Your wife must also prove in court that she is unable to find a job due to educational or job experience limitations. The court will look at whether your spouse has shown diligence in trying to secure a job to meet her financial obligations before awarding alimony.
In some cases in Texas, the court will not require a wife to look for employment before awarding alimony. This is the case if your ex-spouse suffers from a mental or physical disability or must take care of a child with a disability and therefore cannot get a job. If you were convicted of a crime that involved violence against your family, you may also be court-ordered to make spousal support payments.
You must have been married at least 10 years in Texas before the judge can award spousal support. Alimony payments can be required for up to three years unless a disability is present. If your ex-spouse finds a job and her financial situation changes, you can petition the court to review your case.
In some cases, alimony payments in Texas are negotiated in lieu of negotiating assets. This type of alimony is not a court order, but rather a contract made between the two parties seeking a divorce. The amount you pay does not change due to your ex-spouse’s employment situation. For instance, you may decide to keep the house and pay your ex-wife alimony payments to make up for her share in the home.