How Long Do You Have to be Married to Get
Alimony

The question, "How long do you have to be married to get alimony?" is not an easy one to answer. Whether alimony will be awarded in a certain case depends on a number of factors, and the length of the marriage is one of them.

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Examples: How Long Do You Have to be Married to Get Alimony?

California Law

Under California law, a judge will use the length of time the marriage lasted to determine how long the receiving spouse should get alimony. If the marriage is considered of "long duration," which means the couple was married for 10 years or more, the Court may award alimony for a longer period of time. In some cases, one spouse may be ordered to pay alimony until the recipient dies or remarries.

For marriages that lasted less than 10 years, the judge may order that alimony be paid for a period equal one-half the length of the marriage. In the case of a couple who were married for eight years, alimony may be ordered for four years. This is only a guideline, and the judge can still order that alimony be paid for a shorter or longer time, depending on the circumstances of the case.

Texas Law

In Texas, alimony is called maintenance and it is only ordered under very specific circumstances. Under the provisions of the Texas Family Code, a spouse can request maintenance in a situation where the paying spouse has been convicted of a criminal charge involving family violence. The offense must have occurred within two years of the date when one person filed for divorce and before the divorce was granted.

The other scenario where maintenance will be awarded in Texas is when the couple was married for 10 years or more and the spouse requesting the financial support:

• Doesn't have sufficient property to provide for his or her "minimum reasonable" needs
• Is physically or mentally disabled and unable to support him or herself
• Is responsible for caring for a child who is physically or mentally disabled and unable to work as a result
• Is unable to earn enough money in the labor market to provide for his or her "minimum needs"

Given the narrow scope of the law, being awarded maintenance in Texas is not something that happens often in divorce actions. When a judge does award maintenance, it will only be until the recipient is able to support him or herself. In the case of a person who must be at home to care for a handicapped child, the Court may make an exception and order that maintenance be paid on an ongoing basis. When maintenance is ordered, it usually is only awarded for a maximum of three years.

Determining Length of Marriage

The Court will take the length of the marriage into account when deciding whether to award alimony and for how long. If the couple lived together before marriage, this time will not be included. The marriage started on the day the couple exchanged vows.

The date of separation is used to figure out when the marriage ended. This date is not as easy to pinpoint as the date of marriage, though. It may be the day that the couple physically separated (where one person moved out of the matrimonial home) or when one person told the other that they wanted a divorce and it was understood that this would be a permanent breakdown in the relationship.

The question of how long do you have to be married to get alimony is not a simple one to answer. It depends on the laws of the state where the divorce is being heard and other factors, such as how long the couple were married.

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• How do I Know if I am Ready for a Divorce: Interview with Dr. LeslieBeth Wish