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Will I receive alimony after divorce?

On Behalf of | Feb 8, 2022 | Divorce

When you planned your path in life, you likely did not factor in the possibility of a separation. Divorce is sad and stressful, but it can also be problematic for economic reasons.

How do you know if you will receive financial help after your split?

Were you the primary earner in your relationship?

If you spent most of your marriage as a stay-at-home mom, you now need to provide for yourself. Training and education for a new career take time. If your ex was the breadwinner, you might be able to request some form of monetary allowance.

What is the difference between spousal support and alimony?

In Texas, there are two types of spousal support payments:

  • Spousal maintenance – Mandated by a judge
  • Contractual Alimony – Agreed upon by the couple during mediation

Both payments exist to aid the lower-earning partner while they restart their life.

How much spousal maintenance can I receive?

Spousal maintenance is not a requirement by law; you must ask for it and meet specific parameters to qualify. A judge will take stock of your situation and decide if spousal maintenance is appropriate. According to the Texas Family Code, the higher-earning spouse can pay no more than $5,000 per month or 20% of their gross income. If you agree to contractual alimony, there is no legal upper limit. You will work together to set your monthly payment amount.

Spousal maintenance is difficult to obtain in Texas. Settling a contractual alimony agreement outside of court is usually best for all parties involved.