Alimony in Texas Divorce Cases - Part 2

Texas divorce law has always provided for temporary alimony while a divorce is pending. Post-divorce alimony has only been around since 1995. In order to qualify for post-divorce alimony, the couple must have been married for 10 years.

There are also limits on post-divorce alimony in Texas. A court cannot order one spouse to pay alimony for more than 3 years. The monthly obligation is capped at $2,500.

There are many factors that the El Paso divorce courts can consider when deciding issues of either pre- or post-divorce alimony. Each case turns on its own facts, which is why you should consult an attorney if your case involves claims for alimony.

Of course, divorcing couples can always agree to whatever alimony arrangement they want (as long as they agree). They can even agree to more than three years and more than $2,500 per month if they like. However, they must be careful not to "recharacterize" child support as contractual, agreed alimony. Some couples are tempted to do this because of the tax advantages. Unfortunately, it can create trouble with the IRS - something that should be avoided at all costs.

Jim K. Jopling
Attorney at Law
747 East San Antonio, Suite 103
El Paso, Texas 79912

(915) 541-6099

Toll Free Facsimile:
(866) 864-6854