Can my wife get alimony after 8 years?

UPDATED: Mar 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my wife get alimony after 8 years?

My wife filed for divorce and moved out almost a year ago after I had an affair. She says that she passed out at work and had to go to the hospital, lost alot of weight, etc. as a result of my affair. She also had to see a counselor. She thinks that I should cover those bills. She has a 4 year teaching degree but has yet to find a job and is struggling as a waitress. I’ve helped her by taking out loans and making car payments yet she wants additional money in the divorce because she’s struggling and feels I’m responsible. Her lawyer will paint me as a monster. She says it’s fair. No kids. What is likely to happen?

Asked on March 27, 2011 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First of all, alimony (i.e. spousal maintenance) may or may not be granted by a court.  In TX, unlike some other states, marital misconduct can be a factor an alimony award (and possibly in the final distribution of marital assets even though TX is a community property state).  Each case is fact dependent.  However, they are other factors that will be considered as well.  The spouse who is seeking spousal maintenance must show that employment is difficult to maintain or gainful employment is not possible because of a physical or mental disability; or, that he/she lacks sufficient resources and/or the earning ability to provide for his/her "minimal reasonable needs".  Factors in making such a determination include, but are not limited to, the following: (1) all the financial resources of the spouse seeking support; (2) education and employment skills, time necessary for education or vocational training; (3) duration of the marriage; (4) age, employment history, earning ability, as well as the emotional and physical well being of the spouse; and (5) the efforts of the spouse seeking spousal maintenance to obtain suitable employment.

Bottom line if, and how much, spousal maintenance a court may grant is discretionary and dependent on many factors.  At this point, you should consult directly with a divorce attorney in your area.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption