When a marriage ends, one of the most common issues that arise during divorce proceedings is spousal support, also known as alimony. For many individuals, the idea of receiving financial support from a former spouse can provide vital relief during a difficult transition. However, if you are going through a fault-based divorce, the way spousal support is handled can be significantly different from a no-fault divorce. In a fault-based divorce, one spouse seeks to prove that the other spouse’s misconduct (such as adultery, cruelty, or abandonment) is the reason for the marriage’s breakdown. This not only affects the division of property but also has a profound impact on the spousal support that may be awarded.

Spousal Support in Texas

Spousal support, or alimony, is a financial provision that one spouse may be required to pay to the other after a divorce. In Texas, there are specific rules governing when spousal support may be granted and how much is awarded. Unlike child support, which has clear guidelines, the laws governing spousal support are less rigid and depend on several factors, including the marital fault in some cases.

In Texas, a spouse can seek temporary spousal support during the divorce proceedings or post-divorce spousal maintenance. The awarding of spousal maintenance is usually determined based on several factors, such as the duration of the marriage, the financial needs of the spouse requesting support, and the ability of the paying spouse to provide support.

But when one spouse is at fault, whether for adultery, cruelty, abandonment, or any other grounds for fault, this misconduct can affect the amount and duration of spousal support. Courts take into account the behavior of both parties during the marriage, and fault can play a critical role in shaping the final decision. Read More