The purpose of Texas spousal maintenance is to give temporary support to a spouse whose ability to provide for their own needs has been diminished and who does not have sufficient assets to support themselves. Spousal maintenance may be ordered if the spouse meets certain statutory criteria. For a marriage…
Texas spouses may agree in writing to partition or exchange some or all of their community property between themselves such that the property becomes the separate property of one spouse. A former wife recently challenged her divorce decree, arguing the trial court erred in awarding a reimbursement claim against her,…
The Texas Family Code sets out the circumstances under which Texas spousal maintenance may be ordered. The court may order maintenance to a spouse only if they will lack sufficient property after the divorce to provide for their minimum reasonable needs. The spouse must also meet one of three conditions,…
A court may award Texas spousal maintenance in a divorce case if the spouse seeking maintenance meets the statutory requirements. Generally, a spouse seeking maintenance must show that they lack sufficient property to provide for their own minimum reasonable needs and meet one of the other statutory conditions, including being…
Texas spousal maintenance is only awarded under certain specific circumstances. The Texas Family Code sets out guidelines for the duration of a spousal support order, but the obligation to pay future maintenance also terminates on the death of either party, remarriage of the former spouse receiving maintenance, or upon a…
A court may order Texas spousal maintenance to a spouse who lacks sufficient property on dissolution and the ability to earn sufficient income to provide for their own minimum reasonable needs if the parties have been married for at least 10 years. Tex. Fam. Code § 8.051. A former husband…
The purpose of Texas spousal maintenance is to give a spouse temporary rehabilitative support after deterioration of their ability to support themselves while taking care of the home and family during the marriage. Spousal maintenance is only available if the spouse meets certain statutory requirements. A former husband recently challenged…
A spouse paying Texas spousal maintenance may seek modification if there has been a material and substantial change in circumstances, which may include significant change in their income. In a recent case, a former husband challenged a modification award based on the modified amount of maintenance as well as the…
Trial courts are permitted to award Texas spousal maintenance in only limited circumstances. If the spouse meets the eligibility requirements for maintenance, the court must consider a number of factors to determine the nature, amount, and duration. Tex. Fam. Code § 8.052. Spousal maintenance is limited to the lesser of…
A Texas divorce case can become more complicated for spouses with a child with complex medical needs. In addition to addressing issues related to custody and decision-making, the divorce may also have to address spousal maintenance for the child’s primary caregiver. In a recent case, a husband appealed an unequal…