divorce, it is common for a judge to order
spousal maintenance to ensure that the other spouse does not suddenly become destitute and
unable to maintain a certain standard of living as a result of the split.
However, while it is common, it is not automatic or guaranteed. Continue
reading to learn more about the circumstances in which spousal maintenance
may be ordered in a divorce.
Spousal Maintenance and Divorce
During a divorce, the spouse who is seeking spousal maintenance will have
to demonstrate a lack of adequate resources to ensure reasonable needs
are met. Spousal maintenance may also be granted if a child has a disability
that makes it impossible for the spouse to maintain gainful employment.
Below are some of the primary factors a judge will examine in such cases:
- The support seeking spouse’s financial resources
- The support seeking spouse’s employment and educational skills and
how much time or training may be needed to develop employable skills
- The length of the marriage
- The support seeking spouse’s earning ability, employment history,
age, and physical wellbeing
- The support seeking spouse’s efforts when it comes to seeking suitable
Moreover, in Texas, spousal maintenance is not designed to last indefinitely.
Unless spouses agree to a different time frame, the Family Code states
that a support order will not be effective after three years, beginning
on the date the divorce decree was signed. Only the development of a disability
can extend the support order’s time frame. Support must also not
exceed 20% of the paying spouse’s income, unless otherwise agreed
upon by both parties.
Schedule a Case Review with an Experienced Divorce Attorney Today!
Spousal maintenance is not automatic during a divorce, but it may be ordered
if a judge deems it is necessary. At the Law Office of Kathryn Marteeny,
our family law team has more than three decades of experience advocating
on behalf of our clients and is backed by a history of successful results.
If you are seeking spousal maintenance, you can rely on our team to help
you achieve it.
Call our law office today at (713) 936-2300 to schedule an initial case evaluation with one
of our skilled attorneys to discuss your divorce case.