What is it?
Spousal maintenance is what Texas calls spousal support.
Who is eligible?
In a divorce or suit for spousal maintenance, a court may order a spouse to pay spousal maintenance to the other if the person seeking maintenance will lack enough property upon divorce to support their minimum reasonable needs AND one of the following also applies:
(1) the spouse seeking maintenance is unable to earn sufficient income to provide for their minimum reasonable needs because of incapacitating mental or physical disability;
(2) the spouse seeking maintenance has been married to the other spouse for at least 10 years and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs;
(3) the spouse seeking maintenance 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; or
(4) 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, 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.
How long will it be paid?
Not to give you a lawyer answer, but it really depends. During a case, judges can order some period of time or until the divorce is finalized. After a divorce is finalized, it really depends on the facts of your case but there are some maximum time frames to be aware of.
Here are some timeframes you should be aware of because courts are limited in how long spousal maintenance can be ordered post-divorce based on TX law.
(2) the spouse seeking maintenance has been married to the other spouse for at least 10 years and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs;
(3) the spouse seeking maintenance 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; or
(4) 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, 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.
How long will it be paid?
Not to give you a lawyer answer, but it really depends. During a case, judges can order some period of time or until the divorce is finalized. After a divorce is finalized, it really depends on the facts of your case but there are some maximum time frames to be aware of.
Here are some timeframes you should be aware of because courts are limited in how long spousal maintenance can be ordered post-divorce based on TX law.
- for marriages less than 10 years where one spouse was convicted of family violence – 5 years max
- for marriages where you were married 10+ years, but less than 20 years – 5 years max
- for marriages where you were married more than 20 years, but less than 30 years – 7 years max
- for marriages where you were married 30+ years, – 10 years max
Note – these are the max time frames. Courts will generally limit spousal maintenance to the minimum amount of time allowable for the spouse seeking maintenance to earn sufficient income to provide for that spouse’s minimum reasonable needs, unless the ability of the spouse to provide for the spouse’s minimum reasonable needs is substantially or totally diminished because of:
(A) physical or mental disability of the spouse seeking maintenance;
(B) duties as the custodian of an infant or young child of the marriage; or
(C) another compelling impediment to earning sufficient income to provide for the spouse’s minimum reasonable needs.
Can courts review spousal maintenance orders?
Yes. Courts can periodically review spousal maintenance orders and can modify them upon the appropriate request of a party based on specific factors.
How much spousal maintenance will the court order?
Here is another lawyer answer, it depends. Check out our blog on how courts set the amount of spousal maintenance.
What else should I know?
There is a rebuttable presumption (a legal assumption court’s can make) that spousal maintenance is not warranted unless the person seeking it has exercised their due diligence in earning sufficient income to provide for their minimum reasonable needs or in developing the necessary skills to provide for the spouse’s minimum reasonable needs during the time the divorce suit is pending/separation from your spouse.
How do prenups/postnups affect maintenance?
Your lawyer would need to review your agreement and see what provisions, if any, are included about spousal maintenance or support. Some agreements bar requesting maintenance. Others may have contractual provisions regarding amounts and durations of payments that would control what is possible. Be sure to tell your lawyer you have a pre or postnup and provide them a copy to review.
Questions about spousal maintenance? Give us a call at 214-528-3344 to schedule a consultation.