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How likely am I to get alimony in my divorce?

In one of our earlier blog posts, we profiled how Texas state laws generally handle alimony, which is better known locally as spousal support or spousal maintenance. Spousal support is money awarded by the court to be paid to the other spouse after a divorce. The key thing to remember is that Texas family law court judges are not obligated to award support, but rather they are tasked with only providing spousal support for a period of time considered reasonable for the spouse to resume supporting him- or herself.

Generally speaking, the court will look at factors such as how long the couple were together prior to the end of the marriage, what factors contributed to the divorce and whether the spouse seeking support is now living with another person on a "conjugal basis".

So to illustrate some examples, a court has the authority to award spousal support up to a maximum of 10 years to an individual who was married for 30 years prior to the divorce. However, upon petition to the court, the paying spouse can request that the alimony order be terminated upon learning that the ex-spouse has remarried.

Alternatively, a court may choose to allow a victim of domestic violence to receive spousal support for the full statutory period if it finds that the marriage ended as a result of misconduct by the other party.

If you are a Texas resident considering divorce, then you should know that a consultation with an experienced family law attorney is essential to finding out whether you will be eligible for spousal support. This is primarily because each divorce carries with it certain circumstances that may affect the outcome of your case.

Source: Texas State Legislature-Statutes, "Dissolution of Marriage- Chapter 8. Maintenance- Subchapter A. General Provisions" Sep. 09, 2014

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