Deciding whether to seek alimony can be a complex decision, especially for couples with significant assets. In Texas, alimony is legally referred to as spousal maintenance, and it has specific criteria that influence the conditions under which one might receive spousal support.
Understand the eligibility for alimony
To qualify for spousal maintenance in Texas, you must meet one of the following conditions:
- Inability to earn sufficient income
- Physical or mental disability
- Custody of a child requiring substantial care which could prevent you from earning income
- In a marriage of ten years or longer
If you fall into any of these categories, you might consider seeking alimony.
Evaluate your financial need
Assess your financial needs against your current ability to meet them. If your marriage dissolution leaves you unable to cover basic expenses, and you qualify under state guidelines, seeking alimony could be a viable option.
Consider the length of your marriage
Longer marriages are more likely to result in spousal maintenance awards, particularly if one spouse has been out of the workforce. Texas family law considers the length of the marriage a critical factor in determining both the amount and duration of alimony.
Prepare for negotiation
Alimony can become a significant point of negotiation in high-asset divorces. Be prepared to discuss and negotiate the terms of any potential spousal support. Understanding your financial landscape and having clear documentation of assets and needs can strengthen your position.
Anticipate the court’s evaluation
Finally, the court will evaluate your request based on several factors, including each spouse’s financial resources, education, employment skills, and contribution to the marriage as a homemaker or in supporting the other spouse’s career.
Deciding to seek alimony is a strategic decision that should be based on a thorough assessment of your financial situation post-divorce. If you meet the criteria and need the support, it could be an important step in ensuring financial stability.