Can I Lose My Alimony in Texas?
Alimony, also known as spousal support or spousal maintenance, is sometimes awarded to one spouse after a divorce. The goal of alimony is to ensure the less-moneyed spouse can maintain their lifestyle and financial wellbeing.
If you’ve been awarded alimony, you may wonder if it’s something you can lose. In Texas, the loss of alimony can be triggered by certain circumstances. Let’s dive in.
Who Is Eligible for Alimony in Texas?
First, it’s important to understand who’s eligible to receive alimony in Texas. After all, it isn’t automatic for every divorce. The court will determine eligibility for alimony based on many factors such as:
- Length of the marriage
- Age of each spouse
- Earning capacity for each spouse
- Contributions to the marriage
The court may order spousal maintenance if the spouse receiving it has a disability that hinders their ability to work. Another reason for a court to award maintenance is if a spouse must stay home to care for a child with a disability or impairment.
What Events Can Trigger the Loss of Alimony Payments?
Court-ordered alimony payments have a specific end date. For example, if you and your spouse were married for over 30 years, you could receive alimony payments for up to 10 years after your divorce. However, certain events can trigger an early termination of your payments:
- If the court-ordered alimony is based on your disability and you improve to the point of being able to work again.
- If your earning capacity increases with a new job or inheritance.
On the flip side, if your ex experiences a disability or loses his or her job, the court may terminate based on their inability to pay.
What If My Ex-Spouse Tries to Unfairly Terminate My Alimony?
If your ex-spouse wishes to terminate your alimony, they’ll need to show proof of your increased capacity or improvement. Without it, the court will have no reason to terminate unless you’ve reached the end date. An attorney can also help you protect your rights if your ex should try to treat you unfairly.
Questions About Spousal Maintenance? Call Us Today.
Are you concerned about losing your alimony due to a qualifying event? Worried about your financial situation? Our Fort Worth divorce attorneys can help you. To learn more about alimony or for answers to your questions, give our Fort Worth office a call at 817-755-1852 or send us a message.