Q: My husband and I are divorcing in the State of Texas, Collin County
1. He earns almost 3x my salary. Does Texas support alimony?
2. He works for a liquor company and part of his contract includes equity in the company on a 5 year vesting schedule. In addition, if the company is sold prior to the 5th year, full equity participation shall vest. The company is currently being courted. Am I entitled to any part of his equity in the company?
A:
1. Texas law does provide for "alimony", which in Texas is called spousal maintenance, if the marriage has lasted at least ten years, or the spouse seeking alimony is disabled, or a child of the parties is disabled and requires the supervision of the spouse seeking alimony, or there is a conviction for family violence against the spouse from whom alimony is being sought. As with many states, the amount is limited to what is reasonably necessary to provide for the minimum reasonable needs of a spouse for a limited duration. If a spouse has not been actively seeking employment, the court will presume that spouse can earn enough to provide for his or her own minimum reasonable needs.
2. You are not "entitled" to anything but the court can consider the equity in making a "just and fair" division of your marital estate. Even if the equity isn't vested, an argument can be made that you are being deprived of benefits which you would have received from the continuation of the marriage if the divorce is being sought by your spouse or if there is good evidence that the divorce has been caused by the "fault" of your spouse.
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