alimony

Obtaining Alimony While Divorce is Pending, Possible?


Despite the rising number of women in the workplace, there are still many married couples that choose to have one parent staying with the children. It is not an easy sacrifice to make, and in case there is a divorce, one parent may be placed at a disadvantage.

Alimony in Texas

Alimony, or spousal support, or maintenance is a court-ordered provision for support for a spouse. It is different from child support. This is a separate obligation altogether.

To address the question, yes it is possible to obtain alimony during the divorce proceedings. Texas courts would often grant temporary alimony. It is effective from the time the petition was filed until the divorce is granted. In that case, the alimony will be re-evaluated. 

Texas has been observed as a state which is very restrictive when it comes to alimony. They have to consider many factors before they render their decision. 

Factors that Affect Alimony

The primary factor when they evaluate the spouses for alimony is each spouse’s ability to provide independently. If one spouse has little or no capacity to earn money for his/her own welfare, then they would look at the other spouse. After all, the marriage may have played a reason why one spouse is now incapable. 

Since marriage is likely to affect a spouse’s earning capacity, the duration of the marriage is also an important matter. One spouse may have already been dependent on the other for decades. This will affect the employability of the spouse since most employers are conscious of their prospective employee’s career history. 

As we have also mentioned employability, the spouse’s education, skills, and training all come into play. Along with that, the judge will also evaluate the physical, emotional and mental condition of each spouse. 

If one ex-spouse has been left in shambles because of the actions of the other spouse, then it could be reasoned that the spouse is responsible for the other, and the court could ensure that by ordering alimony. 

Cases of marital misconduct like adultery and cruelty will definitely play a part in the judges’ decision. 

Another factor that the court may consider is who gets to utilize the property, including the business. If a couple runs a business, the court may award the business to one spouse, including the income. This will leave the other spouse in need, and thus, would require assistance in the form of alimony.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas.

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