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Permanent Alimony in Texas Divorce Cases

If you are petitioning for alimony in a Texas divorce, or plan to ask for alimony to help ease your transition into life as a single, then you will need to meet at least one of four requirements issued by the Texas government. As the requesting spouse, you will need to prove that at least one of these circumstances if true of you.

The first is that the paying spouse was convicted of family violence within two years of the date of the divorce. This must be a criminal domestic violence offense that was dealt with in court. When the requesting spouse was the victim of that violence or the children were victim to that violence, the courts will almost make sure that the victimized family members receive permanent alimony as restitution.

A requesting spouse can also obtain alimony if he or she can prove that the marriage was 10 years or longer and that the requesting spouse lacks sufficient property to provide for minimal needs. In addition to this, the requesting spouse will need to show that he or she cannot support himself or herself because of incapacitating physical or mental disability. This will make it difficult for that individual to get a job.

A requesting spouse can also receive permanent alimony if the couple was married for 10 years or longer and the requesting spouse does not have sufficient property to provide for minimal needs. The spouse will also want to show that he or she is caring from a child that requires substantial care and personal supervision.

This makes it necessary for the spouse to remain at home with the child and makes it impossible for that individual to go out and get his or her own job. Also, if the marriage was 10 years or longer and the requesting spouse lacks earning ability in the labor market to provide for minimal needs, then the other spouse may be compelled to pay.

If a spouse qualifies for alimony under any circumstances other than the disability requirement, then permanent alimony is not actually permanent, and will discontinue after three years. The amount ordered cannot exceed 20% of the other spouse's gross income. If a spouse is disabled, then this can result in permanent alimony that is indefinite.

If you believe that you qualify and would like to seek alimony, then you will want a Plano family attorney at the Zendeh Del Law Firm, PLLC to help you seek alimony from your spouse. You may need to hire a lawyer today at the firm to show that you mean business and make an investment in order to get a profitable return in the future in the form of permanent alimony. Talk to a Zendeh family attorney today for more information!