Divorce is never easy, especially when financial stability is on the line. If you’re wondering whether you’re eligible for alimony in Bell County, it’s important to understand how Texas law handles alimony and what factors influence your chances of receiving it.
Alimony, legally referred to as spousal maintenance in Texas, is a court-ordered payment from one former spouse to another after divorce. Its purpose is to provide financial support to a spouse who, upon divorce, lacks sufficient assets to meet their reasonable everyday needs and is unable to support themselves adequately.
Unlike some states, Texas does not automatically award alimony. In fact, the Texas family code limits the circumstances in which alimony may be awarded. Even with its high military presence, alimony in Bell County is only awarded if the requesting spouse cannot meet their minimum needs after the divorce.
How Common is Alimony in Bell County?
There are no public records that break down the number of cases where alimony has been awarded in Bell County. However, data and expert analysis indicate that spousal maintenance is rarely awarded across Texas. According to the U.S. Census Bureau, only about 10% of divorcees nationwide receive any form of spousal support. Additionally, Texas is known for having stricter limits than most states.
This means the odds of receiving alimony in Bell County are relatively low unless your case meets a certain legal threshold set out in the Texas Family Code.
Who Qualifies for Alimony in Bell County?
According to the Texas Family Code §8.051, eligibility for spousal maintenance in Bell County may occur if you do not have enough property after the divorce to meet your basic needs and at least one of the following conditions applies:
- Your ex-spouse was convicted of family violence within two years of a divorce filing or while the divorce is pending.
- You are unable to earn a sufficient income because of an incapacitating physical or mental disability.
- You’ve been married for at least 10 years or longer, and you lack the ability to earn sufficient income to meet your minimum reasonable needs.
- You are the primary caregiver of a disabled child from the marriage of any age, and that role limits your earning capacity.
Even if you are eligible for alimony in Texas based on the length of the marriage, it is a rebuttable presumption that alimony is unnecessary unless you can prove efforts to earn an income or develop job skills.
What Factors does the Court Consider for Spousal Maintenance?
If you are eligible for alimony, the court then evaluates multiple factors under the Texas Family Code when deciding the nature, amount, duration, and manner of alimony.
- Financial resources and needs of both parties
- Education and employment history
- Length of the marriage
- Age and health of both spouses
- Contribution to the household, including homemaker status
- Evidence of marital misconduct or financial fraud
These factors make each case highly individualized. In other words, even if you are eligible for alimony, that does not guarantee that you will receive alimony in Bell County.
How Much Alimony Can be Awarded?
Generally speaking, if the court orders spousal maintenance, the award amount is subject to strict limits. According to the Texas Family Code, the maximum amount of alimony that can be awarded monthly is the lesser of:
- $5,000; or
- 20% of the spouse’s average monthly gross income
A family law attorney can help you determine how much a court may award you based on your spouse’s gross income. Our Bell County team offers free consultation to families in Bell, Coryell, Lampasas, McLennan, and Milam counties.
How Long Can Spousal Maintenance be Awarded in Texas?
Per the Texas Family Code §8.054, spousal maintenance in Bell County, if awarded, can last no longer than the following:
- Up to 5 years for marriages under 20 years or if awarded due to a conviction for family violence
- Up to 7 years for marriages between 20 and 30 years
- Up to 10 years for marriages longer than 30 years
- Indefinitely, in cases involving disability or care for a disabled child of the marriage
The judge will tailor both the amount and the duration of alimony to your specific circumstances.
Searching for a Family Law Attorney in Bell County?
The Carlson Law Firm offers free consultations for your initial meeting with a member of our legal team. If you believe you may be entitled to alimony in Texas, we can help you examine the facts of your case and advocate for what you deserve in a divorce. Schedule your free case evaluation with our team over the phone or in person at our Temple or Killeen law office. Call 833-4-CARLSON.
