March 9, 2010 by Byron Ash
Alimony is what to others would call as “spousal support” or the money given to an estranged spouse as part of an obligation after the divorce. This is based on the absolute belief that marriage does not end even after divorce, at least the true essence of it, and that both parties must extend support towards each other in accordance with the marital law. Alimony can extend to years after divorce.
Once a divorce is confirmed, both parties may seek recourse for alimony, depending on their cases. Alimony is not an absolute right, but it is a privilege that the court may or may not grant. Alimony rewards do depend from one court to another, not to mention eligibility for it. It’s not a requirement for post-divorce cases either.
Unless both parties are in a collaborative agreement, alimony will only be granted by the court depending on the financial status and willingness of the other party. However, if one party is already receiving support from the other, this can be denied or overturned. Usually prenuptial agreements cannot be removed or nullified, but they can be subjected to change on a case-by-case basis.
Child support is not like alimony. In a sense, it is but then again it is not. It is true that the child does receive support from the paying spouse, years after the divorce, but it is not considered alimony. Alimony is treated as a sort of income for the receiving spouse, while it is deducted from the payee’s income. Child support is support that is all on it’s own. It is, and should be, not affected by taxes and takes priority over alimony. Even if you can’t pay for the alimony right now, child support should not be ignored.
There are a lot of factors that can affect the amount of alimony received. In Texas for example, payment for alimony are limited to marriages that have lasted ten years or longer and the payment period should not exceed three years since the start of payment, unless of course noted. Some states require twenty years of marriage, some lower than ten. Others allow the judge to decide. It really depends upon the case and the location.
To find out exactly how to learn more about divorce laws in Texas, visit this website about Texas divorce know-how.
