How Is Alimony Calculated in San Antonio, TX?

 Posted on June 08, 2023 in Divorce

The process of divorce can lead to a variety of financial difficulties, especially for those who rely on their partners to provide income for their families. In cases where one spouse is a stay-at-home parent, where one spouse earns a much higher income than the other, or where one spouse is unable to fully support themselves because of issues such as disabilities, alimony may be a factor to address during the divorce process. This form of support, which is also known as spousal maintenance or spousal support, will consist of payments by one spouse to the other after a divorce has been completed. In divorce cases where alimony may be a factor, it is important to understand how courts will determine the amount that will be paid.

Issues That May Affect Decisions About Spousal Support in Texas

One of the first factors considered when addressing alimony is the length of the marriage. Generally, the longer the marriage lasts, the greater the chance that alimony will be awarded. The Texas family code states that a spouse seeking spousal maintenance will be eligible for support if the couple was married for 10 years, and the spouse does not have the ability to earn enough income to cover their minimum living expenses.

Alimony may also be appropriate in some situations where a couple was married for less than 10 years, such as when the spouse seeking support has a physical or mental disability that has affected their ability to work. If a spouse will be responsible for providing extraordinary care for one or more of the couple's children because a child has a disability, and this care will prevent the parent from earning sufficient income, the other spouse may be required to pay spousal support. Finally, in cases involving domestic violence, alimony may be awarded if a spouse was convicted of a family violence offense or received deferred adjudication at any point within the two years before the couple's divorce case began. Family violence offenses that occurred during the divorce process may also make a spouse eligible for alimony.

If a family court judge determines that spousal support should be awarded, they will determine an appropriate amount that will be paid, and they will also decide how payments will be made and the amount of time that payments will last, while also addressing any other issues that could affect the parties' ability to support themselves. These decisions will be based on multiple factors, including each spouse's ability to provide for their own needs through the income they are able to earn, the level of education and work experience each spouse has, the contributions that either spouse may have made to further the other spouse's career or increase the income they are able to earn, the contributions a homemaker or stay-at-home parent made to the couple's marriage, the time needed for a spouse who receives alimony to seek training or education as they return to work, any actions by either spouse that resulted in financial losses for the other party (such as destroying or concealing marital property), any marital misconduct (such as infidelity) by either spouse, and any history of domestic violence by either spouse during the marriage.

The amount of alimony payments will be capped at $5,000 per month or 20 percent of the paying spouse's average monthly gross income. The maximum duration of spousal support is usually five years, although for couples who were married for 20 to 30 years, alimony may be paid for seven years, and for couples who were married for over 30 years, alimony may last for 10 years. In cases where a spouse is eligible for alimony because they have a disability or are caring for a child with a disability, they will usually be able to continue receiving payments for as long as the conditions that affect their ability to pursue employment continue to exist.

Contact Our San Antonio Alimony Lawyers

If you are going through a divorce and are concerned about alimony payments, it is essential to work with a divorce attorney who has experience addressing these issues in San Antonio, TX. Whether you believe that you should receive spousal maintenance or are being asked to make payments to your spouse, Brandon Wong & Associates can help you understand how the laws apply to you and how you can resolve these issues successfully. We will work to negotiate agreements on your behalf and advocate for your rights in court if necessary. Contact our Bexar County spousal support attorneys at 210-201-3832  to get the legal help you need during your divorce.