Legal Guidance For Simple and Complex Spousal Support & Alimony Cases in Houston, TX
Texas family courts assume that alimony or spousal support is not needed. However, if a party can demonstrate that they are making an effort to earn an income or to learn a new skill, the court might grant alimony or spousal support.
The court may order spousal support or alimony for either party only if the spouse seeking support will lack sufficient property, including the spouse's separate property, upon divorce to provide for the spouse's minimum reasonable needs and:
(1) the spouse from whom alimony is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred:
(A) within two years before the date on which a suit for dissolution of the marriage is filed; or
(B) while the suit is pending; or
(2) the spouse seeking support or alimony:
(A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability;
(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or
(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.