Alimony Attorney in Arlington

Understand Your Rights & Legal Options

What most people refer to as Alimony is one of the most misunderstood concepts in Texas Family Law. Texas courts are not authorized to “order” one spouse to pay the other spouse alimony after a Final Divorce Decree has been granted. However, they may under various circumstances order spousal maintenance, which in most circumstances, is very similar or exactly the same as alimony. Spousal Maintenance - exists to provide temporary and rehabilitative support for a spouse after the dissolution of a marriage. Under Texas law, to be eligible for spousal maintenance the petitioner must prove that they are a spouse which lacks sufficient property (assets) to provide for their reasonable minimum needs and meets one of the four following statutory requirements (1) a marriage of at least 10 years (2) spouse or child a victim of family violence within 2 years of filing for divorce (3) is disabled, or (4) has possession of a child who is disabled.

Determining Alimony Payments

Your attorney represents your rights and interests as you navigate your divorce. We can help ensure that the establish alimony payments are fair and equitable. Whether you are negotiating your divorce in court or through mediation, a judge reviews various factors when establishing alimony payments. John Runge, your Arlington divorce attorney, can make sure your needs are appropriately represented.

When determining alimony, a judge will consider:

• Each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on the dissolution of the marriage;
• The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
• The duration of the marriage;
• The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
• The effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
• Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
• The contribution by one spouse to the education, training, or increased earning power of the other spouse
• The property brought to the marriage by either spouse;
• The contribution of a spouse as homemaker;
• Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
• Any history or pattern of family violence.
• Child custody and child support arrangements

Anyone navigating a divorce should seek the counsel of an alimony attorney. At Runge Firm, we can explain the factors that will come into play when the judge determines alimony payments and help you understand how long you are eligible to receive those payments. Keep in mind that alimony payments in Texas may stop before the predetermined date if a spouse remarries, dies, or enters into a live-in relationship with a new partner.