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What to know about spousal maintenance in Texas

On Behalf of | Feb 22, 2024 | Spousal Support

Spousal support or maintenance is one of the crucial matters in divorce. But it’s also one of the most misunderstood aspects. Several myths surround it. You need to be informed to protect your interests.

Here is what you should know about spousal maintenance in Texas:

The spouse seeking spousal maintenance

Not every divorce case ends in one spouse being granted spousal maintenance. One needs to be eligible for it. In Texas, the court can grant the request of a spouse seeking maintenance if they lack sufficient property, which includes their separate property, to meet their minimum reasonable needs after the dissolution of the marriage.

This request can also be granted if the spouse seeking maintenance cannot earn sufficient income to meet their needs because of an incapacitating physical or mental disability.

Further, a spouse who is the primary caretaker of a child of any age with a physical or mental disability may be eligible for spousal maintenance since doing this may prevent them from earning sufficient income to meet their minimum reasonable needs (the child should be of the marriage that’s being dissolved).

Lastly, a spouse can seek spousal maintenance if they were married to the other spouse for 10 years or longer. 

The spouse paying spousal maintenance

If a spouse was convicted or received deferred adjudication for a criminal offense that included an act of family violence against the other spouse or the other spouse’s child during the marriage, within two years before filing for the divorce or while the divorce is pending, the court may order them to pay spousal maintenance.

Note that the court may not consider the length of the marriage in this instance.

If you are going through a divorce, obtain more information to determine if your case qualifies for spousal maintenance.