North Texas Alimony Lawyer

Alimony is the term commonly used in reference to payments one ex-spouse is ordered to make to the other after a divorce. In Texas, there are two forms of post-divorce payments – alimony and spousal maintenance.  There are distinct differences between those forms of payment and how they come into being.

Spousal maintenance payments can be ordered by the divorce court but only under limited circumstances. A marriage of 10 years or longer is a prerequisite to eligibility for spousal maintenance. Post-divorce maintenance payments are appropriate when one spouse will be unable to support himself or herself after the divorce due to a lack of earning capacity and insufficient marital property.  The payments are intended to last for a relatively short term – no more than three years – unless the receiving party has a disability that prohibits working. A ceiling of $2,500.00 per month is also applicable, with the actual amount awarded being based on the paying party’s gross monthly income.

Alimony, on the other hand, can be put into effect only by agreement of the parties. Unlike spousal maintenance, alimony can be set at any number the parties agree upon and can last for any term that fits the circumstances. The agreement can provide that the amount of alimony can be changed if circumstances change or terminated if a given event occurs. Alimony is a helpful tool in settling divorce cases in which one spouse earns a considerable amount more than the other spouse. Payments are tax deductible to the paying party and included as income by the receiving party, which makes the payments less expensive to the paying party and provides the receiving party with more spendable cash.

More information is available on our page “Alimony & Spousal Maintenance.”

Call our Frisco office at 214-387-8501, or our McKinney office at 972-387-9955, to arrange a consultation with an experienced Texas family law specialist.