RSSWhat Is Alimony?
Mar 12
Texas custody, division, divorce, law, marital, seperation, Texas No Comments
Alimony is what to others would call as “spousal support” or the money given to an estranged spouse as part of an obligation after the divorce. This is based on the absolute belief that marriage does not end even after divorce, at least the true essence of it, and that both parties must extend support towards each other in accordance with the marital law. Alimony can extend to years after divorce.
Once a divorce is ratified, both parties may either seek the recourse of alimony towards each other. But do take note that alimony are not rights. It isn’t that for every divorce case that is resolved, alimony is suddenly asked for. Alimony is a privilege so to speak, but they aren’t requirements at all for a divorce case.
Unless both parties agree that alimony will be granted to the other party, the court will determine whether it can grant alimony to the offended party. However if one party is already receiving support from the other, this can be overturned. Usually prenuptial agreements, though cannot be removed, can be subjected to change but this goes on a case-by-case basis.
Child support is not like alimony. In a sense, it is but then again it is not. It is true that the child does receive support from the paying spouse, years after the divorce, but it is not considered alimony. Alimony is treated as a sort of income for the receiving spouse, while it is deducted from the payee’s income. Child support is support that is all on it’s own. It is, and should be, not affected by taxes and takes priority over alimony. Even if you can’t pay for the alimony right now, child support should not be ignored.
There are different factors that affect the amount of alimony. In Texas for example, payments for alimony are limited to marriages that have lasted ten years or longer, and payments for alimony will not exceed three years since the start, unless of course for special conditions or cases. Some states go for twenty years, others lower than ten years. Other states allow the judge to decide. It really depends by case and by location.
To find out exactly how to learn more about divorce laws in Texas, visit this website about Texas divorce know-how.
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