Are Your Own Needs Considered When Determining Alimony?

Question:

My wife and I are getting a divorce, and she is requesting alimony.

I have traditionally provided for the family financially, but my income is a fraction of what it used to be. I currently am dipping into our savings just to offset expenses.

Will the court consider how much of my savings I have depleted to keep our family afloat when it comes to determining alimony?

Answer:

Since I am only licensed to practice law in the state of Texas, I can only provide general divorce help for men on how a Texas court might deal with alimony in your situation.

In determining spousal maintenance, the court will first look at whether the spouse requesting the maintenance is eligible to receive it.

The court will consider a variety of factors, including but not limited to the following: duration of the marriage, the age, employment history, earning ability, physical and mental condition of the spouse seeking maintenance, the ability of the other spouse to meet his own personal needs, and child support obligations.

The court will consider whether you can meet your own needs financially, as well as whether your spouse actually needs the financial support.

If alimony is awarded the maximum time period it can be awarded is 36 months without a special finding, according to Texas law. Other states’ alimony laws vary so it’s important to do your research.

Remember, I can only provide you with general divorce tips for men. For a more in-depth discussion about child custody laws, consult with a mens divorce attorney near you.

To schedule an appointment with a Cordell & Cordell attorney, including Jennifer Hankinson, an attorney in the Dallas, Texas, office of Cordell & Cordell, please contact Cordell & Cordell.