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Alimony may be granted in certain divorce cases

Not every Texas divorce will end with an award of alimony from one former partner to the other. Alimony, also called spousal support, will depend on case-specific information and a number of factors family courts may consider to make their determinations. This post will discuss only a few of the factors that may be relevant to an alimony request analysis and, as such, readers are asked to speak with their own divorce attorneys to better understand how these legal matters may affect the chances of alimony being granted in their cases.

Alimony exists to right any potential economic unfairness that may occur with a divorce. During a marriage it is not uncommon for the partners to take on certain roles and responsibilities, and to this end one spouse may stop working to focus on domestic responsibilities while the other spouse works to financially support the family. If they divorce, the income earning spouse may be well-suited to care for their needs but the other may find that they have no means to support themselves.

When determining if alimony should be awarded a court will look at the age and capacity of the requesting spouse to find gainful employment. The court may assess the requesting spouse's education and whether they may need additional training to reenter the workforce. A consideration of the couple's marital standard of living may come into play, as well as a consideration regarding the length of the couple's union.

While the amount and duration of child support is often established through statewide guidelines, alimony is discretionary and as a result completely dependent upon the facts of the divorce case. To learn more about alimony and whether it may come into play in a pending divorce, readers are encouraged to discuss their questions and concerns with their divorce lawyers.

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Jamie Graham & Associates, PLLC
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