Is alimony awarded based on the length of the marriage?
In Texas, alimony is primarily awarded based on need. That is, whether one spouse has a need for financial support and the other has the ability to provide that support. Generally speaking, the length of the marriage is not as important a factor in determining alimony as is an individual’s income and ability to cover expenses. However, the length of the marriage can be taken into consideration when deciding how much alimony should be paid and how long payments should remain in place. For example, if a marriage has lasted a long time — typically, at least 10 years — the court is likely to consider this when deciding alimony. Additionally, the court will also typically take into consideration the age and health of the spouse receiving alimony to determine how long the payments should last. In the end, the court’s main purpose in awarding alimony is to ensure that a lower-earning spouse is able to sustain themselves and maintain a lifestyle that’s as close to what they had during the marriage. In this sense, the length of the marriage is only one factor of many that the court may consider. Ultimately, the court will decide alimony based on whatever is deemed to be in the best interest of the spouse in need.
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