In a uncontested divorce, will I have to pay alimony?

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In a uncontested divorce, will I have to pay alimony?

I have been married for 7 years and I am not sure if my wife can get alimony.

Asked on May 22, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Texas does not have provisions for alimony by statute like other states.  A court can enforce an agreement of the parties who agreed prior to the marriage that one spouse would pay alimony to another.  Absent a specific agreement, you won't get tagged with alimony.  However, Texas does have a very similar type of provision called marital support-- which functions almost the same way, except it can be awarded in only limited circumstances.  One circumstance applies when one spouse has been convicted of assault family violence in the last two year.  Another circumstance is where the other spouse is unable to take care of themselves because of a disability OR the parties have been married for ten years or more-- and the other spouse does not have sufficient ability to support themselves.  Because you've only been married seven years, your spouse would not qualify under the last requirment.  However, if one of the other two provisions apply, then the judge could order, but is not required to order, marital support payments.  If your divorce is uncontested, you probably won't have an issue with alimony or marital support, but if one of the situations described above is even close to a fact pattern in your case, then arrange for a consultation with a family law attorney.


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