Alimony Written on March 8, 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 given the thumbs up, both parties may be able to request a favor for alimony. Take note that it is not a requirement. It is a privilege that the court may or may not reconsider. Alimony rewards depend from one court to another, not to mention their threshold. It’s not a requirement for post-divorce cases though.

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 almost like alimony, in a sense, to the children that will be left behind. But that is not the case. True that the child does receive support even through the years after divorce, but it is NOT alimony. Alimony is treated as income for the receiving spouse, while it is deducted from the payee’s income. Child support is all on its own. It is not affected by taxes and and takes precedence over alimony. It is an obligation that should not be ignored.

There are different factors that affect the amount of alimony. In Texas for example, payments for alimony are limited to marriages that have lasted ten years or longer, and payments for alimony will not exceed three years since the start, unless of course for special conditions or cases. Some states go for twenty years, others lower than ten years. Other states allow the judge to decide. It really depends by case and by location.

To find out exactly how to get an idea how divorce works in Texas, visit this website about Texas divorce laws.

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