Texas divorce alimony-am I entitled

[tinapetsitter]

What is the name of your state (only U.S. law)? Texas

My husband has recently left- said he needs to clear his head?? No idea if he is coming back or planning on divorcing me. So I need to know if he does decide to divorce me what are my legal options?
We have been married 10 years and he is the sole supporter. I make less than 15k a year before taxes. I know Im entitled to half of all of our marital assests but am I enttiled to any alimony? If so how is that calculated and for approximately how long? We dont have any children.

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

My husband has recently left- said he needs to clear his head?? No idea if he is coming back or planning on divorcing me. So I need to know if he does decide to divorce me what are my legal options?
We have been married 10 years and he is the sole supporter. I make less than 15k a year before taxes. I know Im entitled to half of all of our marital assests but am I enttiled to any alimony? If so how is that calculated and for approximately how long? We dont have any children.

You may be awarded alimony based upon the length of the marriage, and for a period of no longer than 3 years (Texas law).

In general, alimony will be granted only in marriages of ten years or more, and only if the spouse receiving maintenance will not have enough property after the divorce to provide for his or her minimum reasonable needs, and only if:

* The recipient is physically or mentally disabled, and so can not support himself or herself; or
* The recipient is custodian of a child who has physical or mental disability making it advisable that the recipient not be employed outside the home; or
* The recipient clearly lacks earning ability in the labor market.

Maintenance may also be awarded if the payer committed a criminal offense that is an act of family violence within 2 years before the suit was filed, or some time after the suit was filed.

Courts may not award alimony for more than three years unless the situations described above continue beyond that time.

A court may not award alimony of more than $2,500 per month or 20% of the paying spouse's average monthly gross income, whichever is less. The court will consider several factors in deciding how much to award. The court will consider the needs of the requesting spouse and the ability of the other spouse to pay. The court will additionally consider the health and age of the parties, ability to work, responsibility for children, availability of funds, and the length of the marriage.

Consult with an attorney, and plan to make steps to support yourself - you're going to need to do so regardless.

 

[LdiJ]

You may be awarded alimony based upon the length of the marriage, and for a period of no longer than 3 years (Texas law).



Consult with an attorney, and plan to make steps to support yourself - you're going to need to do so regardless.

Therefore, I would strongly recommend that you consider getting yourself some additional education during that three years, so that you will be better able to support yourself.

 

[Ronin]

I would not bank on getting the full three years of spousal support in Texas in this situation. Even half of that time would likely be an overly optimistic assumption.

 

[Proserpina]

I would not bank on getting the full three years of spousal support in Texas in this situation. Even half of that time would likely be an overly optimistic assumption.

Agreed - and I doubt it would be the maximum $2500/month either.

 

[CourtClerk]

Texas is one of those states that has Alimony almost absolutely right. They HATE alimony... I wouldn't count on it... not at all and one could also make the argument that with a 15k/yr income, you won't need much more to live.

 

[tinapetsitter]

alimony am I entitled?

I also have heath issues that make it extremely difficult to work full time. I haven't worked full time in over 5 years. There are times I have been so sick I haven't been able to work at all or even get out of bed for that matter. I have ulcerative colitis and my doctor would sign any documentation I may need if a divorce winds up happening. I have applied for disability in the past 5 years but of course our lovely government turned me down and the stress of an appeal was making me sicker so I dropped it for the time being. Does that make getting alimony any more likely?

 

[LdiJ]

I also have heath issues that make it extremely difficult to work full time. I haven't worked full time in over 5 years. There are times I have been so sick I haven't been able to work at all or even get out of bed for that matter. I have ulcerative colitis and my doctor would sign any documentation I may need if a divorce winds up happening. I have applied for disability in the past 5 years but of course our lovely government turned me down and the stress of an appeal was making me sicker so I dropped it for the time being. Does that make getting alimony any more likely?

Yes, it definitely could, but you also need to pursue disability. Almost everyone gets turned down for disability the first time and has to appeal, its almost a normal process. The most important reason why you need to pursue disability is for medical insurance purposes.

You can get COBRA from your husband's insurance, but its expensive and is of limited duration. Your 15k a year will NOT cover basic living expenses and COBRA.

 

[LdiJ]

Texas is one of those states that has Alimony almost absolutely right. They HATE alimony... I wouldn't count on it... not at all and one could also make the argument that with a 15k/yr income, you won't need much more to live.

You have got to be kidding...You actually think that an argument could be made that someone with health issues could live on 15k a year, with no means to cover private insurance or COBRA?

A retired person collecting social security, with a paid off house, who qualified for medicare would be hard pressed to make it on 15k a year even in states with a lower cost of living.

I cannot believe that you even said that. If you want to argue that TX is reluctant to give alimony that's fine, but actually saying that someone can live on 15k a year and cover their medical needs is simply ridiculous...and arrogant.

 

[Proserpina]

You have got to be kidding...You actually think that an argument could be made that someone with health issues could live on 15k a year, with no means to cover private insurance or COBRA?

A retired person collecting social security, with a paid off house, who qualified for medicare would be hard pressed to make it on 15k a year even in states with a lower cost of living.

I cannot believe that you even said that. If you want to argue that TX is reluctant to give alimony that's fine, but actually saying that someone can live on 15k a year and cover their medical needs is simply ridiculous...and arrogant.

In all fairness the health issue wasn't mentioned until after CC posted.

But even so, an income as low as OP's does make it easier to obtain lower cost (sliding scale etc) or state-funded health care, though it's not guaranteed.

 

[Bali Hai]

You have got to be kidding...You actually think that an argument could be made that someone with health issues could live on 15k a year, with no means to cover private insurance or COBRA?

A retired person collecting social security, with a paid off house, who qualified for medicare would be hard pressed to make it on 15k a year even in states with a lower cost of living.

I cannot believe that you even said that. If you want to argue that TX is reluctant to give alimony that's fine, but actually saying that someone can live on 15k a year and cover their medical needs is simply ridiculous...and arrogant.

Her health issues are obviously in her imagination since she can't collect disability. She is just trying to find an easy way out of HER responsibility to support herself.

Time for her to get off her duff and start supporting herself like the rest of us have to do.

And whether she can live on $15k per year or not is HER problem. When people divorce they are now single people with their own problems to deal with. They are not married anymore! The ties are cut! The free ride is over!

 

[Proserpina]

Her health issues are obviously in her imagination since she can't collect disability. She is just trying to find an easy way out of HER responsibility to support herself.

Time for her to get off her duff and start supporting herself like the rest of us have to do.

And whether she can live on $15k per year or not is HER problem. When people divorce they are now single people with their own problems to deal with. They are not married anymore! The ties are cut! The free ride is over!

I find myself in the somewhat unusual position of....agreeing with Bali (!). At least to some extent. A bit, anyway.

OP is currently able to earn $15k a year without working full time - correct? This does tend to suggest OP is able to contribute quite well to her own income and if she doesn't qualify for SSDI/SSI I'd think it unlikely that a judge will use that disability as a basis for awarding support - she would not be considered disabled.

And if OP is genuinely unable to work for health reasons, eventually she WILL be awarded SSDI and/or SSI (and may even be able to continue working without benefits being adjusted). Around 65% of claims are denied at the first attempt, but the majority of claims reaching the ALJ level will be approved.

But she needs to apply again or appeal the first denial (depending on when it was initially denied - and keep going with it.

 

[tinapetsitter]

Her health issues are obviously in her imagination since she can't collect disability. She is just trying to find an easy way out of HER responsibility to support herself.

Time for her to get off her duff and start supporting herself like the rest of us have to do.

And whether she can live on $15k per year or not is HER problem. When people divorce they are now single people with their own problems to deal with. They are not married anymore! The ties are cut! The free ride is over!

And your a jackass. My health issues are not all in my head. Trust me I can support myself if I have to jerk. But the fact of the matter is I haven't needed to work full time because my husband (who has now walked out on me!!!- cause he doesn't want his RESPONSIBILITES anymore) promised to take care of me for the rest of my life!!! I supported him and took care of him while he got a masters degree and didnt have to worry about **** while he did that. So don't go making posts about people you know nothing about. As far as your dumb comment about the disability being denied - it gets denied to everyone the first time around. Cause apparantly I'm not some dirtbag illegal who's never paid into the sytem so I guess I dont get to get the thousands of dollars I paid in every year now that I'm sick. This is supposed to be a forum for legal advice thats all I was trying to get here. Not your stupid opinion cause somebody burned your ass!

 

[tinapetsitter]

I find myself in the somewhat unusual position of....agreeing with Bali (!). At least to some extent. A bit, anyway.

OP is currently able to earn $15k a year without working full time - correct? This does tend to suggest OP is able to contribute quite well to her own income and if she doesn't qualify for SSDI/SSI I'd think it unlikely that a judge will use that disability as a basis for awarding support - she would not be considered disabled.

And if OP is genuinely unable to work for health reasons, eventually she WILL be awarded SSDI and/or SSI (and may even be able to continue working without benefits being adjusted). Around 65% of claims are denied at the first attempt, but the majority of claims reaching the ALJ level will be approved.

But she needs to apply again or appeal the first denial (depending on when it was initially denied - and keep going with it.

Everyone gets denied the first time around- you even said that yourself. And the 15k was being generous- its most likely less than that and its from a home based business that is in his name so technically the income isnt even mine. And what planet are you people living on anyway- who in the hell can live off of 15k a year especially in Texas where you're lucky if you can get a 1bedroom apartment for less than $700 and pay all your expenses and heathcare? You guys are living in la la land. I only wanted to get LEGAL advice here to see what my chances were of getting alimony. I'm not an idiot and dont talk like I am. Alimony is a short term solution just so that I can do what I need to get on my feet and bring my income up. You people are making jusdgements here- you should be ashamed of yourselves-do you think this is easy for anyone getting a divorce?!?!? I dont even want the divorce- he left me, I want to stay married. I didnt distrubt his freakin life! This is all his doing after 10 years of a very good marriage. So now I get screwed cause he's going through a midlife crisis.
Stick to legal advice and keep your opinions to yourself. This is hard enough on people.

 

[Bali Hai]

And your a jackass. My health issues are not all in my head. Trust me I can support myself if I have to jerk. But the fact of the matter is I haven't needed to work full time because my husband (who has now walked out on me!!!- cause he doesn't want his RESPONSIBILITES anymore) promised to take care of me for the rest of my life!!! I supported him and took care of him while he got a masters degree and didnt have to worry about **** while he did that. So don't go making posts about people you know nothing about. As far as your dumb comment about the disability being denied - it gets denied to everyone the first time around. Cause apparantly I'm not some dirtbag illegal who's never paid into the sytem so I guess I dont get to get the thousands of dollars I paid in every year now that I'm sick. This is supposed to be a forum for legal advice thats all I was trying to get here. Not your stupid opinion cause somebody burned your ass!

That's really your issue now isn't it?? Well it isn't going to happen!!