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How courts determine the amount of alimony a spouse receives

When getting divorced, couples will discuss various issues with their attorneys including spousal support. This specific topic will be brought up after one spouse makes the request to receive alimony from the other spouse. It is common for one party to request alimony, especially if they made the decision to not work and stay home to support the family, while the other worked. While alimony is awarded in an attempt to limit the financial effects of divorce, there is much to be examined before it can be awarded to the spouse requesting it.

Before courts can determine how much and if a spouse will receive alimony, they examine the following:

  • The couple's standard of living
  • Length of marriage
  • If the spouse can support him or herself
  • Physical, emotional and financial state of spouse

After examining these factors, it will be decided how much alimony a spouse will be awarded. Even though a spouse may request spousal support, it doesn't mean it will be awarded to them.

Another factor that is examined when courts are deciding to award alimony is if either party demonstrated grounds for divorce. In certain states, like Texas, neither party needs to establish grounds for divorce, but there is the chance that the courts may take fault into consideration when deciding to award alimony or not. This is another factor that may present some difficulty for the spouse attempting to obtain alimony.

With so much being looked at before a decision is made, alimony is never guaranteed in a divorce. If you are going through a divorce and wish to request alimony, a Texas divorce attorney can assist with the process.

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