Legal Question in Family Law in Texas

will disabled wife get alimony

I need to know what is the amount of time being married that a wife who is disabled can get alimony from a husband that has committed adultry from the marriage. Also is common law marriage included in the calculation of time recommended to establish in the years to be considered.


Asked on 11/20/01, 10:45 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: will disabled wife get alimony

Court-ordered maintenance is Chapter 8 of the Family Code in Texas. The Texas Family Code is accessible over the internet.

In very simplistic terms - there are 2 ways to get it - be married more than 10 years or have an act of family violence occur within 2 yars of filing for divorce.

However, the spouse can ask for a disportionate share of the community estate. The family code also contains the reasons you can ask for a disproportionate share - I can't remember the section #. Be advised that the division would be something like 40/60 - I have never seen 95/5!

If you live in the Houston area, I offer a free phone consultation at 713-847-6000. Be sure to let me know that you found me on lawguru.com.

Happy Thanksgiving!

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Answered on 11/20/01, 1:15 pm


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