Is alimony awarded in all divorces?
No, alimony is not awarded in all divorces in Texas. In fact, it’s only available in some situations. In order for alimony to be awarded, either party must prove that one party’s financial condition is substantially different than the other’s, and that it’s necessary for the party with lesser means to maintain a standard of living similar to what was enjoyed during the marriage. For alimony to be awarded, it must be shown that the party requesting alimony does not have the ability to provide for themselves without the other party’s support. If a court determines that it is necessary for a person to receive alimony, then a judge will decide the amount and duration of the payments. The criteria used to determine whether or not alimony will be awarded can vary. Some factors the court may consider include the length of the marriage, the earning potential of each party, any special needs of either party, and how much of an impact the divorce may have on either party’s financial situation. The court may also consider any non-cash benefits that either party may receive, such as healthcare coverage, as part of alimony. In Texas, alimony is a temporary arrangement that can be modified or terminated if the conditions that determined it no longer apply. Alimony can also be reduced or increased, depending on whether the needs of either party have changed. Ultimately, alimony in Texas is determined on a case-by-case basis.
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