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Articles Posted in Alimony

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Texas Appeals Court Affirms Spousal Maintenance Modification

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…

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Texas Appeals Court Reverses Spousal Maintenance Award

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…

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Texas Appeals Court Reverses Spousal Maintenance Award Due to Lack of Evidence of Expenses

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…

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Texas Appeals Court Upholds Spousal Maintenance and Reimbursement

Texas spousal maintenance is intended to provide “temporary and rehabilitative” support for a spouse who does not have the ability or assets to support themselves or whose ability to do so has deteriorated while they were engaged in homemaking activities.  Courts may award spousal maintenance only in limited circumstances if…

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Texas Spousal Maintenance Award Cannot Exceed Statutory Maximum

Texas spousal maintenance is intended to be temporary and rehabilitative. A trial court can only award spousal maintenance if the party seeking it meets certain requirements, which depend on the parties’ circumstances. A husband recently challenged a trial court’s award spousal maintenance to the wife for 81 months. According to…

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Documentary Evidence in Texas Divorce

Although testimony can be important evidence in a Texas divorce, documentary evidence is needed for some claims.  A wife recently challenged a number of issues in her divorce based on insufficiency of evidence. According to the appeals court’s opinion, the parties acquired several rental properties during their marriage.  The husband…

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Disability Can Be Established Through Lay Testimony in Texas Spousal Maintenance Case

A Texas court may award spousal maintenance in certain circumstances, including when a spouse lacks sufficient property to provide for their reasonable minimum needs and is unable to earn enough income to provide for those minimum reasonable needs due to an incapacitating disability.  Tex. Fam. Code § 8.051.  Spousal support…

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Texas Appeals Court Finds Insufficient Evidence for Spousal Support

Texas spousal maintenance is allowed only in limited circumstances, including when the spouse pursuing maintenance is not able to earn sufficient income to provide for their own minimum reasonable needs due to a disability, is not able to earn sufficient income to provide for their minimum reasonable needs after at…

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What is Spousal Maintenance and When is it Awarded?

Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many…

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