Financial discussions during divorce can be difficult. A spouse that has less income than the other, lacks a college degree, or has been out of the workforce raising children and may be facing a challenging job market often requests alimony. That spouse may feel as though the sacrifice they made for the family is deserving of compensation. In cases like these it is not uncommon for them to request alimony.

Alimony, which is called spousal support in Texas, is separate from property division and child support. It means one spouse pays the other temporarily from future income to support the ex-spouse after the divorce. For the spouse contemplating paying alimony, it can be overwhelming to think about supporting the ex-spouse over and above child support and the divorce settlement.

Texas law tends to favor the breadwinner in most divorce proceedings involving requests for post-divorce, court-ordered alimony. That does not mean, however, that alimony cannot be obtained by the lesser-earning spouse. Whether you are the spouse who is seeking alimony or the one who will likely be required to pay, it is important that you seek the advice of a reliable lawyer who can properly handle your case.

Pursuing All Available Options In Your Alimony Case

In a majority of cases, Texas family court judges are unlikely to award maintenance unless there is a significant disparity between the spouses’ incomes or earning potential, although there are other factors and basis the court can consider in determining a spouse’s eligibility to receive maintenance, including but not limited to the well-being of a child who requires substantial care and personal supervision, which prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs. In the absence of extraordinary circumstances, the issue of alimony is frequently addressed as part of the marital property settlement. In addition to court-ordered maintenance, the availability of contractual alimony is also another option that can be explored.

I have been successful at negotiating fair alimony settlements that both spouses can support, including monthly payments for a set duration and lump sum payments. My concern is that the settlement supports the best interests of my client.