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Some states consider cheating when deciding if a spouse is entitled to alimony, while others base it only on need for support. And, some states may consider adultery when dividing spousal property. For the state of Texas specifically, the court will look at the behavior of each spouse during the marriage before making a verdict. If a spouse cheated, the court may deny that person spousal support. Texas courts will only award alimony if one or more of the following is true:

  • The spouse seeking alimony has a mental or physical disability that prevents him or her from earning enough financially to cover expenses.
  • The spouse seeking alimony cannot work because he or she has to take care of a child with a disability.
  • The paying spouse was determined guilty of domestic violence against the other within the past 48 months of marriage.
  • The marriage lasted for 10 years or longer, and one spouse is not able to earn sufficient income to cover basic living expenses.

What factors are assessed when awarding alimony?
As your Arlington, TX divorce lawyer can explain, if the family court judge decides that a spouse qualifies for alimony, there are many factors that will be considered. The purpose of alimony is to help the less-earning spouse get back onto their own financial feet, while also not causing the paying spouse to go without their basic needs met. The judge will evaluate these factors about each spouse:

  • Education and skill level
  • Length of marriage
  • Child support obligation
  • Contributions made to other for education or career pursuit
  • Age and health
  • Employment history and earning potential
  • Property brought into marriage
  • Whether there was incidence of hiding or wasting money
  • Other misconduct during marriage 

A divorce lawyer in Arlington, TX from Brandy Austin Law Firm, PLLC understands how difficult it can be to part ways with someone you may have imagined spending the rest of your life with. But what’s important to remember during this time is that there are people who can support you, including friends, family, therapists, and dedicated lawyers. When meeting with a member of our legal team, we often answer questions related to alimony, division of assets, child support, and so much more. We are ready to come to your aid right away with strategic legal services, all you have to do is call.

Despite how stressful divorce can be, don’t forget how much an experienced legal team can make a difference in how you get through it. Don’t hesitate to contact a divorce lawyer in Arlington, Texas from Brandy Austin Law Firm, PLLC for assistance.