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Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3139
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Ive been married for 28 years. My husband lost his job he is

Customer Question

Ive been married for 28 years. My husband lost his job he is getting severance pay. I have been solely dependent on my husband for over 20 years due to my disability. If I file for divorce can I still expect alimony
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 6 months ago.
Category: Legal
Expert:  Thomas Swartz replied 6 months ago.

Hello Teresa,

Yes, you can still expect alimony. Texas courts award alimony to a spouse if that spouse will not have enough property or income at the time of the divorce to provide for basic needs. Given the length of your marriage (and your being out of the work force) and your disability it is likely that you would not be able to earn enough money on your own to provide for your basic needs. So, the court will very likely award you alimony. The fact that your husband lost his job may come into play in determining how much your alimony will be. But the court will still award alimony based on his ability to pay which will take into consideration that he will likely get another job at a similar pay level. In addition, during the divorce proceeding itself, you can make an application for support until the divorce becomes final.

I hope this helps. Good luck.