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What you need to know about alimony in a Texas same-sex divorce

On Behalf of | May 20, 2024 | Alimony

Alimony, also referred to as spousal support or maintenance, is financial support paid by one spouse to the other following the dissolution of marriage. In Texas, same-sex divorces may also include alimony arrangements. The laws governing same-sex divorces in Texas are no different from those for heterosexual divorces when it comes to alimony, better ensuring equitable treatment and consideration of relevant factors for all couples regardless of sexual orientation.

Alimony considerations are determined based on factors such as significant differences in age between spouses. This disparity may influence alimony decisions, particularly if it affects earning potential or financial independence post-divorce. With that said, every case is unique. And spouses who may have lived together as partners for years before they were legally allowed to wed may be compelled to navigate some particularly tricky legal territory during divorce.

Types of alimony in a Texas divorce

There are various types of alimony that may be awarded depending on the circumstances of the marriage and the needs of each spouse, including:

  • Temporary alimony: This type of alimony is awarded during the divorce process to provide financial support to a spouse until a final divorce decree is issued.
  • Rehabilitative alimony: Rehabilitative alimony aims to support a spouse financially while they undergo education or training to enhance their job skills or earning potential, enabling them to become self-supporting.
  • Permanent alimony: Permanent alimony provides ongoing financial support to a spouse, typically in long-term marriages where one spouse may be unable to achieve financial independence due to factors such as age, health or limited work experience.

Legal guidance can provide clarity on the specific eligibility criteria, procedural requirements and potential outcomes associated with each type of alimony in a Texas same-sex divorce, helping to ensure that spouses can make informed decisions and pursue the most favorable resolution for their circumstances.