How is Alimony Calculated?
Posted By Menduni Martindill, PLLC || 26-Nov-2014
Following a divorce, the court may mandate one spouse to make payments to the other. Known as alimony or spousal maintenance, the purpose of this payment is to ensure that neither party faces undue financial hardship based on the decision to no longer be married to one another. Other ways that spousal support can be granted is if one spouse committed an act of violence against the other, a physical or mental disability prevents employment, the marriage lasted for over 10 years, or if the parent is awarded custody of a child with a physical or mental disability.
Factors That Determine Alimony Amount
Texas courts operate under the assumption that alimony is unnecessary unless proven otherwise. In divorce cases, any spouse that seeks support will need to convince the court that there is some reason why they deserve to be awarded financial support for some time.
There are a few factors that the court uses to determine the amount and length of the award:
- Available financial resources and basic needs
- Education and employment skills
- Length of the marriage
- Education and earning ability
- Physical and mental health
- Child support payments
- Status as a homemaker and supporter
- Instances of adultery, cruel treatment, or family violence
Depending on these factors, the court will determine the amount of support. This can be no more than $5,000 or 20% of the spouse's average gross monthly income, whichever is greater. The spouse will be ordered to pay this for at least five years or until the other person dies, remarries, or lives in a home with someone they have a romantic involvement with.
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