Texas spousal maintenance is intended to be temporary and rehabilitative. A trial court can only award spousal maintenance if the party seeking it meets certain requirements, which depend on the parties’ circumstances. A husband recently challenged a trial court’s award spousal maintenance to the wife for 81 months. According to…
Articles Posted in Spousal Support
Texas Appeals Court Upholds Denial of Spousal Maintenance
Texas spousal maintenance is intended to give temporary support to a spouse whose ability to support themselves has diminished and whose assets are insufficient to support them. After 10 years of marriage, a spouse who shows they lack sufficient property or the ability to earn sufficient income to provide for…
Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case
A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability. Tex. Fam. Code § 8.051. Spousal support…
Texas Appeals Court Finds Insufficient Evidence for Spousal Support
Texas spousal maintenance is allowed only in limited circumstances, including when the spouse pursuing maintenance is not able to earn sufficient income to provide for their own minimum reasonable needs due to a disability, is not able to earn sufficient income to provide for their minimum reasonable needs after at…
Texas Spousal Maintenance After 10-Year Marriage
A trial court may order Texas spousal maintenance, sometimes referred to as “spousal support” or “alimony,” if certain criteria are met pursuant to Tex. Fam. Code Ann. § 8.051.. If the marriage lasted at least 10 years, a court may order spousal maintenance to a spouse who does not have…
What is Spousal Maintenance and When is it Awarded?
Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many…
Texas Spousal Maintenance Upheld Without Medical Records or Expert Testimony
A court may order Texas spousal maintenance if the spouse requesting it is not able to earn enough to provide for their own minimum reasonable needs due to an incapacitating disability. The incapacitating disability may be either physical or mental. Tex. Fam. Code 8.051. A former husband recently challenged a…
Texas Contractual Alimony Claim Barred by Contract Statute of Limitations
Texas divorce cases can involve multiple areas of law. Contract law applies to pre-marital and post-marital agreements. Contract law may also apply to agreements the parties enter into as part of a divorce. In a recent case, a portion of a wife’s claims for contractual alimony was barred by the…
Texas Court Has Discretion in Determining Duration of Spousal Maintenance
In a Texas divorce, if one spouse does not have sufficient property to provide for his or her minimum reasonable needs and is not able to earn enough income to provide for those needs and certain other circumstances are met, the court may order spousal maintenance. Tex. Fam. Code §…
Spousal Maintenance in Texas Divorce Cases
In a Texas divorce, a spouse who cannot support herself or himself because of an incapacitating disability and does not have sufficient property to meet their needs may be eligible for spousal maintenance. Tex. Fam. Code Ann. § 8.051. Spousal support is generally limited in time, but a court may…