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Rehabilitative Spousal Maintenance
In many marriages, one spouse will set aside their career aspirations to care for their family and the marital home. If the marriage subsequently ends, the spouse who stopped working to support their family will often be left at an economic disadvantage. Given appropriate time and resources, however, they may be able to obtain the skills needed to support themselves. In such cases, the courts may deem it fit to award that spouse rehabilitative spousal maintenance. If you are contemplating ending your marriage and you have questions regarding the financial impact a divorce could have on your or your spouse, it is smart to confer with an attorney. The experienced Dallas divorce lawyers of McClure Law Group can advise you of your options and help you to determine what measures you can take to protect your rights in a divorce action.
Eligibility for Rehabilitative Spousal MaintenanceThe Texas courts rarely grant spousal maintenance. In some instances, though, the courts will deem it necessary to order one spouse to pay rehabilitative spousal maintenance to the other. Rehabilitative spousal maintenance is not intended to be a permanent support obligation. Instead, it aims to provide a party with the means to develop the capacity to provide for themselves for a specified period of time.
Texas law dictates that maintenance is only appropriate in certain situations. Specifically, it will be granted if the spouse seeking maintenance lacks the ability to provide for their minimum reasonable needs and the couple was married for at least ten years. It will also be granted if the paying spouse was convicted of an act of family violence within a certain time frame or if the requesting spouse suffers from a mental or physical disability that impairs them from earning an income or cares for a child with such a disability. The courts generally will limit the duration of rehabilitative spousal maintenance to the shortest length of time needed for the spouse seeking maintenance to earn an income that will allow them to provide for their minimum reasonable needs.
Factors Weighed in Determining Whether to Grant Rehabilitative Spousal MaintenanceThe Texas Family Code sets forth numerous factors the courts will weigh in determining whether to grant rehabilitative spousal maintenance. Specifically, they will assess the ability of each spouse to provide for their own needs independently, in consideration of their financial resources, their education and employment skills, the amount of time needed for the spouse seeking maintenance to obtain the training or education needed to earn adequate income, and the extent to which such training or education is available.
They will also look at the length of the marriage, the employment history, age, earning capacity, emotional and physical health of the spouse seeking support, and the extent to which one spouse contributed to the other’s training, education, or earning capacity. In addition to the abilities and resources of each spouse, the courts will look at whether either spouse engaged in any misconduct, like adultery, fraudulently destructing or concealing assets, cruel treatment, or domestic violence. The courts may also consider any other factor they deem relevant in evaluating whether to grant rehabilitative spousal maintenance.
Contact a Seasoned Dallas AttorneyDivorce has far-reaching ramifications, impacting people not only emotionally but also financially, and, in some cases, the courts will deem it necessary to grant one party rehabilitative spousal maintenance. If you or your spouse intend to seek a divorce and you have questions regarding spousal maintenance, it is prudent to speak to an attorney as soon as possible. The seasoned Dallas lawyers of McClure Law Group are proficient at navigating the complexities of divorce actions, and if you hire us, we will work tirelessly to help you pursue a favorable result. We represent parties in divorce actions in Dallas, Rockwall, Fort Worth, Frisco, Irving, McKinney, Richardson, and Garland. We also aid people with family-law matters in cities in Dallas, Rockwall, Collin, Denton, Tarrant, and Grayson Counties. You can reach us through our online form or by calling 214.692.8200 to set up a consultation.
