Is marital fault considered when determining alimony in Texas?

Alimony payments in Texas may be granted during divorce proceedings in order to make the dissolution agreement equitable to both parties.  What is equitable in each case will be determined by its own unique circumstances and factors.

Either party can be eligible for alimony in the state of Texas.  That party will be determined by each party’s financial situation and the duration of the marriage.  The alimony can be on a temporary, short-term, or long-term/permanent basis.

The factors for awarding alimony in the state of Texas include the following factors:

• Financial resources of the spouses
• Education and employment skills of the spouses
• Duration of the marriage
• Age, employment history, earning ability, and condition of the spouse seeking alimony
• Contribution by one spouse to the education, training, or increased earning power of the other spouse
• The comparative financial resources of each spouse, including retirement, insurance, medical, and other benefits, as well as the personal property of each spouse
• Acts by either spouse resulting in excessive or abnormal expenditures or the destruction, concealment, or fraudulent disposition of common property, joint tenancy, or community property
• Marital misconduct of the spouse who seeks alimony

A Texas court will look at the conduct of both parties during the marriage and consider marital misconduct committed by either or both spouses when determining if a spouse should receive alimony or not. 

Talk to a Texas family law attorney for a case review and for gaining legal advice regarding your options under Texas family law and Texas alimony laws.