In Texas, alimony, also known as spousal maintenance, may be awarded by a court in certain circumstances. The court will consider a number of factors when determining whether to award spousal maintenance and the amount and duration of the payments. Here are some of the factors the court may consider:
- Length of the marriage: The court may consider the length of the marriage, with longer marriages generally being more likely to result in an award of spousal maintenance.
- Income and earning capacity: The court may consider the income and earning capacity of each spouse. If one spouse has significantly lower income and earning capacity than the other, it may be more likely that spousal maintenance will be awarded.
- Education and job skills: The court may consider the education and job skills of each spouse. If one spouse has been out of the workforce for a significant amount of time, they may have a lower earning capacity and may be more likely to receive spousal maintenance.
- Age and health: The court may consider the age and health of each spouse. If one spouse is older or in poor health, they may have a lower earning capacity and may be more likely to receive spousal maintenance.
- Property and assets: The court may consider the property and assets of each spouse. If one spouse has significantly more property and assets than the other, it may be more likely that spousal maintenance will be awarded.
- Domestic violence: The court may consider whether there has been a history of domestic violence in the marriage. If one spouse has been the victim of domestic violence, it may be more likely that they will receive spousal maintenance.
It is important to note that spousal maintenance is not awarded in every case, and even if it is awarded, it may be for a limited time. The amount and duration of the payments will be determined on a case-by-case basis, taking into account the specific circumstances of the couple.