Plano Divorce Lawyers Blog

Alimony in Texas has changed, morphed, been completely transformed in some of its most essential traits. In various aspects, it is barely recognizable since the changes became law on September 1, 2011.

Historically, the State of Texas disliked and discouraged alimony, which also goes by the nickname of "spousal support," and more formally -- "maintenance." The general rule was that former spouses should not be required to support one another after a divorce is final. But, in the event that exes were required to support each other, the alimony should not last very long.

It was not uncommon for a new client to walk in the door and announce, with either a relieved or a frustrated look in their eyes, that they know there is no such thing as alimony in Texas. I would start by saying, "Actually,..." and then rattle off the old rules:

1. With a few exceptions, you have to have been married for 10 years to be eligible;
2. The maximum payment is $2,500 per month; and
3. The longest that alimony can last, with the perfunctory few exceptions, of course, is 3 years.

Quickly thereafter, I would explain that even if you meet the requirements, alimony is still ordered very infrequently.

Allow me to give you a brief introduction to the alimony of the future, AKA alimony on steroids:

1. With a few exceptions, you have to have been married for 10 years to be eligible;
2. The maximum payment is $5,000 per month; and
3. The longest that alimony can last, with the proverbial few exceptions, ... DEPENDS!

If you have been married for more than 10 years, but less than 20 years, alimony can last five years.

If you have been married for more than 20 years, but less than 30 years, alimony can last seven years.

If you have been married for more than 30 years, alimony can last for as many as 10 years.

Some of the exceptions that can affect the general rules are when there has been family violence and when a spouse or child has a disability.

Other changes in alimony law include when and how it can be modified, terminated and enforced.

Even when a spouse is eligible to receive alimony, there are still many facts that affect whether it will actually be awarded. Those facts include things like whether the recipient spouse needs financial support, whether the payor spouse can afford to pay it, and whether the recipient will walk away from the divorce with sufficient funds or assets to make ends meet.

The biggest change is the new emphasis on the equities involved as they relate to the length of the marriage and the de-emphasizing of alimony's function as very short-term financial aid.

Alimony has always been, and it appears that it will continue to be, a very fact-intensive issue. The law, which is set out in Chapter 8 of the Texas Family Code, is filled with many more details than can be included here. And this commentary on some of the changes made by the legislature is just that -- a commentary, and is certainly not intended as legal advice.

Kelly Hurt