When a marriage ends, one of the most important considerations is whether one spouse will be entitled to alimony payments from the other. Alimony, called “maintenance” in Texas, aims to help a lower-earning spouse provide for their reasonable needs. However, only some qualify for alimony, and certain factors can disqualify a person from receiving these payments.
What Disqualifies You from Receiving Alimony?
Several factors can disqualify a person from receiving alimony payments after a divorce. Some of the most common reasons for alimony denial include:
- Short-term marriage: In Texas, except in cases where the payor was convicted of family violence within two years of the divorce filing, if you’ve been married less than 10 years, no maintenance must be paid.
- Waiver of alimony in a prenuptial agreement: Signing a prenuptial agreement before getting married that includes a waiver of alimony could make the parties ineligible for alimony. However, the court can overrule the prenup if the result would be that one of the parties is eligible for public assistance after the divorce.
- Sufficient income and assets: A court will determine whether you have sufficient income and assets to support yourself after the divorce. If you do, you will be unlikely to be eligible for maintenance payments from your spouse.
- Fault in the breakdown of the marriage: Although most divorces in Texas are no-fault divorces, fault in the breakdown of the marriage can impact a person’s eligibility for alimony. For example, if a spouse committed a crime such as adultery or domestic violence, they may face disqualification from receiving alimony payments.
- Cohabitation with a new partner: Cohabitation with a new partner after your divorce may lead to a loss of eligibility for alimony payments. If you’re living with a new partner, you may have a reduced need for financial support. If you’re cohabiting at the time of the divorce, it’s unlikely you’ll be eligible for maintenance. If you begin cohabiting after the divorce is finalized, your ex can file a motion with the court to have maintenance terminated.
The specific circumstances of your case will determine your eligibility for alimony. If you’re considering seeking alimony payments after a divorce, speak with a seasoned family law attorney who can evaluate your case and advise you on your options.
Alimony Payment Exceptions
While the abovementioned factors can disqualify you from alimony, certain exceptions may still allow you to receive spousal support. Some common alimony payment exceptions include:
- Disability: If you have a disability that keeps you from work or limits your earning capacity, you may still qualify for alimony payments, even if you would otherwise be disqualified based on the length of your marriage or other factors.
- Domestic violence: If you were a victim of domestic violence during your marriage, you may still be eligible for alimony payments, even if the court would disqualify you otherwise. The court may consider the impact of the crime on your ability to support yourself when making alimony determinations.
- You’re the custodial parent of a disabled child: If you are the custodian of a mentally or physically disabled minor child, you may be eligible for maintenance despite being disqualified on the basis of the duration of your marriage or other factors.
- Exceptional circumstances: In some cases, the court may make exceptions to the standard alimony eligibility rules based on exceptional circumstances.
An experienced family law attorney can assess your case and advise whether any alimony payment exceptions may apply to your situation.
How Alimony Is Determined
If you’re seeking alimony payments after a divorce, understanding how the amount and duration of these payments are determined is crucial. In Texas, the court will consider:
- Length of the marriage: The length of the marriage is one of the most important factors considered when establishing alimony.
- Earning capacity and resources of each spouse: The court will consider whether each spouse has the ability to provide for their own minimum reasonable needs on their own.
- Education and work skills: The court will determine whether one spouse needs additional time to acquire the education and skills necessary to support themselves.
- Age and health of each spouse: The age and health of each spouse can impact the amount and duration of maintenance payments. If one spouse has health issues that impact their ability to work, they may be more likely to receive maintenance.
- Contributions to the marriage: The court will consider each spouse’s contributions to the marriage, both financial and non-financial, when determining alimony. For example, if one spouse stays home to raise children or support the other spouse’s career, this significant contribution to the marriage will be taken into account.
- Fault in the breakdown of the marriage: Marital misconduct can impact alimony determinations. For example, if one spouse committed adultery or domestic violence, this may be considered when determining the amount and duration of alimony payments.
A family law attorney can be a valuable asset when you believe you’re owed maintenance after your divorce. Their experience equips them to understand the key factors in your case and how they could affect whether and how much maintenance the court might award in your situation. With this comprehensive understanding, they can provide personalized advice about your alimony eligibility.
Get Experienced Help Now
An experienced family law attorney can protect your rights and work to help you acquire the support you need to move forward after your divorce. At Smith Family Law, our compassionate and knowledgeable Austin alimony attorneys understand the challenges people face when dealing with alimony issues. Our clients matter to us, so we work closely with them to learn their unique circumstances and develop strategies tailored to their needs.
If you have questions about whether you qualify for maintenance, need to adjust or stop the current alimony payments, or wonder about any other facet of spousal support, call our office at 512-572-3533 or contact us online to schedule a consultation. In your consultation, we’ll dedicate our attention to hearing your unique circumstances, addressing any inquiries you may have, and equipping you with the knowledge needed to navigate your case confidently. We’re here to support you every step of the way.