Sergi & Associates, P.C.
Free Consultation

Will I get alimony as part of my divorce settlement?

It is not uncommon for marriages to include one spouse who acted as primary financial support, while the other spouse assured a comfortable, secure home and family life. If you are the non-earning spouse, you know you work hard to provide for the family in non-financial ways. Now that you are filing for divorce, you may be wondering whether you are in a position to seek "alimony" to help you avoid a significant loss of lifestyle due to the loss of your spouse's income. 

The state of Texas does allow divorcing spouses to seek spousal maintenance. This is something a couple can work out on their own and include in their divorce settlement, or it is something that the courts can decide. Not every request for alimony will receive approval.


Typically, alimony is reserved for those individuals who are unable to meet their basic financial needs following divorce. You will need to show that is true in your case. You will also need to provide evidence of one or more of the following conditions:

  • The paying spouse committed acts of family violence during the marriage or during divorce proceedings.
  • The requesting spouse has a physical or mental disability that limits his or her ability to earn sufficient income.
  • The requesting spouse is caring for a child with exceptional physical or mental needs.
  • The marriage lasted 10 years or more.

If you can show that you qualify for alimony and the court agrees, the details of your spousal maintenance order can be set.

How much and for how long?

As alimony amounts are based on the paying spouse's income level, how much you get could be different than what someone else can get. There is not just a standard amount awarded by the state. Typically, the court will award up to $5,000 a month or 20 percent of the payer's gross monthly income. Based on your marital lifestyle, you may be able to request more.

How long you can expect payments to come in depends on the length of your marriage. If your marriage lasting 10 to 20 years, you may receive support for up to five years. If it lasted 20 to 30 years, you may receive support for up to seven years. Finally, if your marriage lasted more than 30 years, you may receive maintenance for up to 10 years. The paying spouse can provide support in monthly installments or in a lump-sum payment.

If you feel you qualify for alimony, you can request it as part of your divorce settlement. There is never any harm in asking for it. If granted, through either negotiations or court approval, it could certainly help you maintain economic stability as you navigate your post-divorce life.

No Comments

Leave a comment
Comment Information

Free Initial Consultation ~ No Obligation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Sergi & Associates, P.C.
329 South Guadalupe Street
San Marcos, TX 78666

San Marcos Law Office Map