Texas has adopted "rehabilitation alimony." Generally, alimony may be awarded to a spouse if the marriage was of at least 10 years duration and the spouse who is seeking alimony lacks sufficient property to provide for their minimum reasonable needs and:
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- is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability; is the custodian of a child with a physical or mental disability that precludes employment outside the home; or
- clearly lacks earning ability in the labor market to provide for their minimum reasonable needs.
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Generally, alimony is limited to three years. The amount of alimony is limited to the lesser of $2,500 per month or 20% of the obligor's average monthly gross income. Alimony is taxable to the recipient.
If you think that you may be a candidate for alimony, remember the purpose is to rehabilitate the recipient so that person can re-enter the job market. |