Alimony, also known as spousal support, may be required in your divorce depending on several factors, including the length of your marriage, the age of your children, your income and your spouse’s income. In some cases, the courts will award alimony even if you are still married, in order to provide financial support until the divorce is finalized or to compensate you during the divorce proceedings. If you’re planning to file for divorce in Houston, speak with an experienced Houston family lawyer today to know how alimony payments are decided so that you can prepare accordingly.

Establish Need

The first thing that needs to be determined is whether you actually need alimony payments, or if you can work out an agreement for spousal support. In fact, if you have been married for less than ten years and don’t have children, it’s not even legal in Texas to seek alimony. So be sure that you need financial help before deciding on how much and when it should be paid.

Establish Ability to Pay

In most cases, alimony decisions are based on both parties’ financial situations. Texas courts will not consider income when calculating spousal support payments if you have less than $7,000 of combined monthly income. If you earn more than that amount and your spouse earns less, however, you may be required to pay spousal support payments in addition to your child support obligations.

Total Earning Power, i.e., Combined Income

The total combined income of both spouses is one factor in determining how much alimony will be awarded. Other factors include each spouse’s expenses and needs, their standard of living during marriage and how long they were married. If you were married for many years, for example, you may need higher alimony payments than someone who was only married for a few years but earned more during that time.

Comparable Earning Capacity in Single Life, i.e., Sole Earnings

It is not uncommon for one spouse in a divorcing couple to have significantly higher earnings than their partner. In some cases, such as when one party has stayed at home with children while their mate worked, it is easier to calculate spousal support.

Should Spouse’s Standard of Living Be Considered?

When deciding alimony payments, it’s common for courts to consider each party’s living standards at divorce. If you are considering divorce, then you should know that in order for your ex-spouse to collect alimony from you, he or she will need to show that his or her lifestyle is significantly different from what he or she lived in during marriage.