Are you thinking about getting divorced or currently involved in divorce proceedings? You might wonder who will pay alimony. In Texas, either spouse can ask for alimony, but there’s no guarantee that the courts will award it. Judges look at specific factors to decide whether someone should get alimony. Understanding these rules can make a big difference in your case.
The San Antonio divorce lawyers at Higdon, Hardy & Zuflacht, L.L.P. have a deep knowledge of Texas’s alimony laws and can help you make a strong case for alimony, whether you need to receive it or want to minimize your payments. All our partners are certified by the Texas Board of Legal Specialization in family law. These certifications showcase our thorough understanding of the complex rules in these cases. Here’s what you need to know about who pays alimony in a divorce in Texas.
What Are Alimony Payments?
Alimony, or “spousal maintenance,” is usually a series of payments made by one divorced spouse to the other. These payments are meant to enable the spouse with fewer resources to meet their basic needs post-divorce. Alimony is often one of the most contentious elements of a divorce. Many spouses don’t like the idea of financially supporting their ex. It’s up to the courts to determine whether a spouse will receive alimony and how much they’ll get.
Alimony Qualifications in Texas
The Texas Family Code contains the rules for determining whether a spouse will receive alimony and how much. Here are the key facts to know:
Basic Requirement
The spouse asking for alimony must not have enough property to meet their basic needs after the divorce.
Specific Conditions
A spouse may receive alimony if the other spouse was convicted of or received deferred adjudication for a crime. The crime must include family violence against the other spouse or their child and must have happened within two years before filing for divorce or while the case is ongoing.
Other Conditions
The spouse asking for alimony must meet at least one of the following conditions:
- Disability: The spouse cannot earn enough to meet their basic needs due to a physical or mental disability.
- Long Marriage: The marriage lasted at least 10 years and the spouse cannot earn enough to meet their basic needs.
- Custodial Parent: The spouse is caring for a child from the marriage who has a physical or mental disability. The child must require substantial care that prevents the spouse from earning enough to meet their needs.
What Is the Maximum Alimony Payment in Texas?
The Texas Family Code sets limits on how much a spouse can pay per month in alimony. Those limits are $5,000 per month or 20 percent of their gross monthly income, whichever is less. This rule is designed to prevent the paying spouse from reduce their standard of living because of their alimony payments.
How Long Does Alimony Last in Texas?
In Texas, the duration of spousal maintenance depends on the length of the marriage:
Marriages Less Than 10 Years
If the marriage lasted less than 10 years and the spouse qualifies under specific conditions (e.g., family violence), alimony can last up to five years. Without those specific conditions, no alimony is available.
Marriages Between 10 and 20 Years
If the marriage lasted at least 10 years but not more than 20 years, alimony can last up to five years.
Marriages Between 20 and 30 Years
If the marriage lasted at least 20 years but not more than 30 years, alimony can last up to seven years.
Marriages Over 30 Years
If the marriage lasted 30 years or more, alimony can last up to 10 years.
Other circumstances can end alimony payments for the recipient spouse. For distance, alimony stops if either spouse dies or the recipient spouse remarries. Alimony payments may also end if the recipient spouse starts living with a dating partner in a “permanent and continuous manner.”
How Much Tax Do You Pay on Alimony Received?
According to the IRS, if you receive alimony payments as part of a divorce or separation agreement executed before 2019, you must report those payments as taxable income. However, if your divorce or separation agreement occurred or was modified after December 31, 2018, any alimony payments you receive are not included in your income and are not taxable.
Have Questions About Alimony in Texas? We Have the Answers
Whether you’re worried about not getting the financial support you need after a divorce or have concerns about paying too much, Higdon, Hardy & Zuflacht, L.L.P. can help. Our San Antonio divorce lawyers know all the laws in these cases and can protect your rights. Call (210) 349-9933 now or complete our contact form for a confidential consultation.