Understanding How Alimony Is Determined in Texas


When Is Spousal Support Warranted? What Factors Determine the Availability and Amount of Alimony?

Though alimony or spousal support is far less common than it was a quarter of a century ago, it is still available in Texas. Who may seek alimony in the Lone Star State? What factors will the court consider when determining whether spousal support is appropriate, and when establishing the amount, frequency and duration of payments?

What Is The Likelihood of an Alimony Award in Texas?

There are generally two ways to secure a grant of spousal support in Texas—by agreement with your ex-spouse (known as “contractual alimony”) or by a court order.

To compel a court to require payment of alimony, you must first show that, once marital property has been divided, you cannot meet your basic needs. You must also meet one of the following criteria:

  • You were married for at least 10 years and cannot earn sufficient income to meet your basic needs, even though you have attempted to earn income and/or develop the skills to be self-sufficient
  • You have custody of a minor child whose need for care prevents you from being gainfully employed
  • You or your child was a victim of domestic violence by your ex within two years of the date of your divorce
  • You are unable to meet your financial needs because a disability prevents you from working

As a practical matter, most alimony paid in Texas is by agreement of the parties.

What Factors Are Considered When Determining Alimony in Texas?

The court may consider a wide range of factors when assessing the need for alimony, including, but not limited to:

  • The financial resources of the party seeking alimony
  • The length of the marriage
  • The education and job skills of both spouses
  • The ability of the party from whom alimony is sought to pay
  • The extent to which either party dissipated or wasted marital assets
  • Whether the receiving party contributed to the education or earning capacity of the other spouse
  • Whether there was marital infidelity or misconduct

Contact the Knowledgeable Texas Alimony Attorneys at Graham Family Law

At Graham Family Law, we bring more than 20 years of experience to men and women in San Antonio and the surrounding communities who need proven divorce and family law counsel. We are skilled trial attorneys who can protect your rights before a judge and jury. We are also respected within the legal community for our ability to negotiate effective settlements for our clients. Call us at 210-308-6448 or contact us by email to schedule a consultation today to discuss your case.

Handling Divorce and Family Law Matters throughout San Antonio and the surrounding communities, including Bexar, Kendall, Floresville, Wilson, Atascosa, Hays, Comar and Guadalupe counties, as well as the municipalities of Saspamco, Sutherland Springs, Poth, Olmos Park, Grey Forest, Kirby, Timberwood Park, Sandy Oaks, Pleasanton, Poteet, Charlotte, Leming and Kyote



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