Will domestic violence affect my alimony agreement?

Posted By Menduni Martindill, PLLC || 6-May-2013

The presence of domestic violence can impact your alimony agreement. In Texas, spouses can obtain two types of alimony: negotiated alimony and court-ordered spousal maintenance. The difference between these two categories is simple; court-ordered alimony is not negotiable, while both spouses can negotiate an alimony agreement under normal circumstances. Typically, spouses are not eligible for spousal maintenance unless the marriage lasted for ten years. However, Texas legislature introduced in 2011 allows victims of family violence to obtain maintenance even if the marriage lasted less than a decade.

Do you qualify for spousal maintenance?

If you were married for ten or more years, you may be eligible to receive alimony for five years. If your marriage lasted more than 20 years, you may be eligible to obtain alimony for seven years after the divorce. If you were married for more than three decades, you may qualify for up to ten years of spousal support from your ex husband or wife.

If you were a victim of family violence and your ex-spouse was convicted of a crime that involved family violence, you may be eligible for alimony - regardless of how long your marriage lasted. In order to obtain spousal maintenance under these circumstances, your spouse must have committed an act of family violence within two years of the divorce filing or while the divorce was pending.

At Menduni Martindill, PLLC, we are dedicated to helping families in Austin, Texas resolve complicated family law issues. If you deserve spousal support, contact our firm today to see what our team of topnotch Austin divorce lawyers can do for you. We are well-versed in Texas divorce and alimony laws, so call our office today to learn more about your legal rights and options.