I Am Getting Divorced and I Do Not Want to Pay Alimony: What are My Options?
Are you preparing for a divorce in Houston or elsewhere in Texas? If you are the party who is in a better financial position, you may have questions about whether or not you will be required to pay alimony (spousal maintenance). At Lindamood & Robinson, P.C., we want to make sure you know your rights under the law. In this article, our Houston alimony attorney provides a guide to your rights and your options if you are getting divorced and you wish to avoid paying alimony in Texas.
Know the Law: Spousal Maintenance Can Be Awarded, but Not Guaranteed in Texas
If you do not want to pay alimony in a divorce, it is advantageous to live in Texas. At least compared to most other jurisdictions. Texas law treats spousal maintenance differently than many other states. Under Texas law (Texas Family Code § 8.051), courts can only award maintenance in specific, limited situations. It is not automatic. A spouse requesting maintenance must prove they lack sufficient property to meet their reasonable needs and meet at least one statutory condition. These conditions include:
- Being married for ten years or longer;
- Suffering from a physical or mental disability;
- Caring for a disabled child; or
- Showing that the other spouse committed family violence.
Even if one of these conditions applies, the court still has discretion. Judges evaluate factors like each spouse’s earning capacity, education, employment history, and contributions to the marriage. The goal is not to equalize income but to prevent unfair hardship.
Your Options If You Do Not Want to Pay Spousal Maintenance
- Demonstrate that Your Spouse Can Be Self-Supporting
Remember, in Texas, the spouse seeking maintenance has the burden of proof. If you do not want to pay, you can argue that your spouse has sufficient education, job skills, or assets to meet their needs independently. Vocational evaluations and financial records can help demonstrate his or employability. If your spouse voluntarily remains unemployed/underemployed, the court can impute income to reflect his or her true earning potential.
- Prove Financial Ineligibility Under Statutory Guidelines
Next, you can try to prove your spouse’s financial eligibility as a matter of Texas law. The statute has income and asset tests. You may be able to demonstrate that your spouse’s property, savings, or share of the marital estate is sufficient to meet reasonable needs.
- Negotiate a Settlement Without Any Spousal Maintenance
The best way to avoid paying spousal support in Texas is not always through an aggressive approach. For many people, the most effective way to avoid ongoing spousal maintenance is through negotiation. Texas allows parties to divide property in a manner that eliminates the need for support. You can offer a greater share of marital assets in exchange for waiving maintenance. It might be the best way to get a settlement in your case.
Note: Whether or not spousal maintenance is owed is a matter of law in Texas. There are some cases in which a person will have an obligation to pay spousal maintenance. Still, a proactive approach can help put you in the best position to protect your financial interests.
Speak to Our Houston, TX Alimony Lawyer Today
At Lindamood & Robinson, P.C., our Houston family lawyer has the skills and experience to handle all types of alimony cases. If you are getting divorced and you do not want to pay spousal maintenance, we can help you understand and evaluate your options. Please contact us today for a confidential consultation. Our firm handles divorce cases in Houston and throughout the region.
