Questions about spousal maintenance are very common during divorce proceedings.
In Texas, spouses may be eligible to receive spousal maintenance if they
are unable to financially provide for themselves following a divorce.
Texas law is very strict when it comes to
spousal maintenance, and typically assumes it isn’t necessary. Even if your spouse is
deemed eligible, the court will examine several factors before deciding
to actually award financial support.
Spousal maintenance can be awarded based on:
- The duration of the marriage
- Your spouse’s employment history
- The age of your spouse
- Your spouse’s efforts to find a job
- Any acts of infidelity or family violence
- Mental or physical disabilities
Even if the court decides to award spousal maintenance, it’s only
meant to last a few years while your spouse looks for better employment
opportunities. In the interim, the financial support payments ensure your
spouse is able to afford food, clothing, and other basic needs.
5 years of spousal maintenance payments:
- Marriage lasted between 10-20 years
- Marriage lasted less than 10 years, but you were convicted of family violence
7 years of spousal maintenance payments:
- Marriage lasted 20-30 years
10 years of spousal maintenance payments:
- Marriage lasted 30+ years
Indefinite spousal maintenance payments:
- Your spouse needs the additional financial support to care for a special
- Your spouse has an incapacitating mental or physical disability
The court may order periodic hearings to review the case if your spouse
or child needs indefinite spousal maintenance payments. This ensures that
the circumstance necessitating the payments hasn’t changed, and
that the legal rights of all parties are properly respected. It’s
important to have legal representation available during these hearings
to guarantee that your rights are being protected.
A spousal maintenance order can be terminated early under the following
- One of the spouses passes away before the completion of the order
- The spouse receiving payments remarries
- The spouse receiving payments is living with a romantic partner
Contact the Law Office of Kathryn Marteeny if you have questions about
the divorce process or spousal maintenance options. Our
divorce attorneys can fight to protect your legal rights and ensure you are treated fairly
in spousal maintenance deliberations.
Contact our divorce lawyers
at (713) 936-2300 to schedule a consultation.