In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support in Texas. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony is to offset any unfair economic effects of a divorce by providing a continuing income to a non-wage earning or a lower-wager earning spouse.

To be eligible for alimony, spouses in all states must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. Texas courts may award temporary spousal support if one spouse is unemployed or earning significantly less than the other spouse. There are no guidelines to set temporary spousal support, so the party seeking support should be prepared to demonstrate what his or her needs are and what resources are available from the other spouse to help meet those needs.

Texas law provides that spousal maintenance be awarded if one of the following circumstances exists:

• The paying spouse was convicted of family violence within 2 years of the date of the filing of divorce
• The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is unable to support him/herself through appropriate employment because of an incapacitating physical or mental disability
• The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child
• The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce), and the requesting spouse lacks earning ability in the labor market adequate to provide support of minimal needs

If a party qualifies for spousal support under the first, second, or fourth circumstance listed above, the maximum term of support is three years, and the ordered amount cannot exceed 20% of the gross income of the paying spouse, or $2500, whichever is less. Divorcesource.com offers a summary of the divorce and alimony laws in Texas.  

In the United States, alimony is treated differently tax wise from child support payments. In Texas, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. This can make alimony a tax advantage for the person who pays it and has prompted the federal government to create “hurdle tests” to differentiate between alimony, child support, and property settlement. For a comprehensive review of Texas divorce and alimony law, go to lawyers.com.