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

UPDATED: May 22, 2012

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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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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