According to Family Code Section 8.001, alimony is available if the requesting spouse lacks sufficient resources to provide for his/her minimum reasonable needs, and one of the following is true:
The obligee has a serious mental, physical, or other disability which basically prevents the obligee from working,
The marriage lasted at least ten years, or
The obligee has custody of a child “who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.”
Judges use a number of factors — such as the standard of living during the marriage, custody of minor children, and noneconomic contributions to the marriage — to determine the duration of payments. In most cases, state law caps these payments at ten years. Courts apply roughly these same factors to determine the amount of payments. These payments are capped at $5,000 per month or 20 percent of the obligor’s gross income.
A judge may modify the amount and/or duration of payments if financial or other relevant circumstances have materially, unexpectedly, and permanently changed.