How to Negotiate an Alimony Settlement in TX
Are you eligible for alimony after your divorce? Here is how to get a good settlement from your ex-spouse.
You are going through a divorce, and money is tight. You are not making as much money as your ex-spouse. You are considering requesting alimony, but know it probably will not go over well with your ex. After all, nobody really wants to pay spousal support.
How Long Does Alimony Last in Texas?
Texas has guidelines in place for how long alimony should be awarded. If the marriage lasted between 10 and 20 years, spousal maintenance may not last for more than five years. If the marriage lasted between 20 and 30 years, alimony cannot last for more than seven years. If the marriage has lasted for longer than 30 years, alimony is payable for no more than 10 years. However, if the spouse is unable to earn sufficient income because they have a disability or are a caretaker of a disabled child, then alimony can remain in effect for as long as necessary.
Starting the Negotiations
Now that you are aware of the state’s alimony guidelines, you are in a better position to negotiate. Here are the steps to take:
- Figure out your needs. Before you can start negotiations, you need to understand your financial situation. There is no standard formula for alimony, so it is up to you to figure out how much money it will take to comfortably meet your needs. Look at your expenses. Are they more than your income? If so, calculate the difference. This will help you determine how much alimony you ask for.
- Understand your spouse’s resources. When negotiating alimony, keep in mind that it is not all about what you want. You need to consider your spouse’s resources. You may want an extra $5,000 a month, but if your spouse cannot afford that much, then you are out of luck. The court will not make your spouse poor so you can profit off of them. So to negotiate a fair settlement, you will need to take into consideration your spouse’s assets and income. Income is not just salary. It also includes bonuses, overtime pay, employee, stocks, benefits, and more. Your lawyer can help find out all this information.
- Be flexible. Do not take an all-or-nothing approach. Look at things from your spouse’s point of view and be willing to negotiate. For example, if you are entitled to five years of alimony, can you maybe take a higher-than-usual amount for just three years? Or maybe you can get something besides alimony? Look for creative ways to solve your problem.
Contact a Pearland TX Divorce Attorney
A divorce comes with many elements. If you are struggling to make ends meet after ending your marriage, you may have a right to request alimony (i.e. post-divorce spousal support from Chapter 8 of the Texas Family Code).
https://www.powellfirm.com/About/ can help you understand your alimony rights and obligations. We can assist you in getting an alimony settlement that fits your needs. To schedule a consultation, fill out the online form.