Am I Eligible For Spousal Support In Texas? – Alimony

Divorce is one of the most emotional proceedings in Texas courts. What can make divorce an even more emotional happening is the possibility of supporting an ex-spouse, oftentimes in addition to the division of community property and the payment of child support. This can be overwhelming for the spouse that is ordered to pay spousal support or maintenance. However, this may be a just and right solution to the ex-spouse who is unable to earn enough income due to barriers created during the marriage. Spousal support, or what the Texas statute refers to as spousal maintenance, is a fortunate solution for ex-spouses. What is spousal support and who is eligible? Let’s discuss. FAMILY LAW ATTORNEYS (832) 410-8935 What is Spousal Support or Spousal Maintenance? Chapter 8 of the Texas Family Code defines ‘maintenance’ as, “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.” The Code states that the award of spousal maintenance would oblige one spouse to make periodic payments from future income to support the other spouse. Who is Eligible for Spousal Support or Spousal Maintenance? An ex-spouse is not automatically eligible for spousal maintenance. Chapter 8 of the Texas Family Code also outlines who in fact may apply for and receive spousal maintenance. Section 8.051 of the Code states, In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses […] the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:  the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:          (A)  within two years before the date on which a suit for dissolution of the marriage is filed; or(B)  while the suit is pending; or  the spouse seeking maintenance: (A)  is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an  incapacitating physical or mental disability; (B)  has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or (C)   is the custodian of a child of the marriage of any age 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. In short, the court will consider whether the spouse seeking maintenance will lack sufficient property — including  the spouse’s separate property–on dissolution of the marriage to provide for the spouse’s minimum reasonable needs....
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