Does alimony have to be requested in the divorce petition?

Yes, alimony must be requested in the divorce petition in Texas. Alimony, or spousal maintenance as it is called in Texas, is court-ordered payments made from one spouse to the other during or after a divorce. Alimony can be requested in either the original divorce petition or a later modification of the divorce agreement. In a divorce petition, the requesting spouse must make a specific claim for alimony, defining the amount and duration spousal maintenance is to be paid. Once the alimony has been requested, the court will review the request with both spouses present and make a decision about the amount and duration of alimony to be paid. Alimony and other support payments are handled differently in Texas than in other states. Depending on the circumstances of the marriage, the court can order spousal maintenance indefinitely until the recipient spouse remarries or until other specific conditions are met. The court also takes into consideration the age and health of the recipient, the ability of the payer to make payments, and the length of the marriage. In order to receive alimony, it always must be requested in the divorce petition and the court must approve the request. If a former spouse is in need of alimony, they should consult with an experienced family law attorney to ensure that their rights are protected.

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