How does a court determine spousal maintenance or alimony?

In Texas, alimony, also known as spousal maintenance, is typically awarded in cases of divorce or legal separation when a spouse is not able to support themselves financially due to education, age, or illness. In determining whether alimony should be awarded, the court will consider the factor of fault in the separation, the ability of the spouses to support themselves, the length of the marriage, and the standard of living during the marriage. The court will look at the resources available to both spouses, such as earnings, property, and retirement benefits. The court will also review any contracts or agreements that are related to the marriage, such as a prenuptial agreement. The court will consider the earning capacity of each spouse, including any educational credentials or job skills that may be relevant to earning potential. In making a determination, the court will typically consider whether the requesting spouse is able to provide for their own support or if they will need financial assistance from the other spouse. If it is necessary for a spouse to pay alimony, the court will use this information to decide the amount and duration of the payments. The court will also consider the spouses’ ages, health, and other extraordinary circumstances that may affect the award.

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