Alimony is what you would call spousal support, or money given in support of an obligation to the estranged wife or husband. This obligation is based on the absolute order that even after marriage, both parties must support one another as stated by marital union or by civil law. Like child support, alimony extends through the years after the divorce.
Once a divorce is ratified, both parties may either seek the recourse of alimony towards each other. But do take note that alimony are not rights. It isn’t that for every divorce case that is resolved, alimony is suddenly asked for. Alimony is a privilege so to speak, but they aren’t requirements at all for a divorce case.
Unless both parties agree that alimony will be granted to the other party, the court will determine whether it can grant alimony to the offended party. However if one party is already receiving support from the other, this can be overturned. Usually prenuptial agreements, though cannot be removed, can be subjected to change but this goes on a case-by-case basis.
Child support is almost like alimony to the children that will be left behind. But it is not. True that the child will receive support even years beyond the event of the divorce but it is different from alimony. Alimony is treated as income to the receiving spouse and is deducted from their income. But child support is a world all on its own. Child support is not affected by taxes, and can take precedence over alimony.
There are a lot of factors that can affect the amount of alimony received. In Texas for example, payment for alimony are limited to marriages that have lasted ten years or longer and the payment period should not exceed three years since the start of payment, unless of course noted. Some states require twenty years of marriage, some lower than ten. Others allow the judge to decide. It really depends upon the case and the location.
To find out exactly how to learn more about divorce laws in Texas, visit this website about Texas divorce know-how.
