A court may order Texas spousal maintenance if the spouse requesting it is not able to earn enough to provide for their own minimum reasonable needs due to an incapacitating disability. The incapacitating disability may be either physical or mental. Tex. Fam. Code 8.051. A former husband recently challenged a…
Articles Posted in Alimony
Texas Contractual Alimony Claim Barred by Contract Statute of Limitations
Texas divorce cases can involve multiple areas of law. Contract law applies to pre-marital and post-marital agreements. Contract law may also apply to agreements the parties enter into as part of a divorce. In a recent case, a portion of a wife’s claims for contractual alimony was barred by the…
Dre Day: Without a prenuptial agreement, Dr. Dre and his wife, Nicole Young, might see their day in court
As a result of his illustrious career, Dr. Dre’s net worth currently sits at a whopping $820 million – but maybe not for long. After 24 years, Dr. Dre’s wife, Nicole Young, is filing for divorce from the producer, rapper, and hip-hop icon. Reports indicate that the couple did not…
Texas Court Has Discretion in Determining Duration of Spousal Maintenance
In a Texas divorce, if one spouse does not have sufficient property to provide for his or her minimum reasonable needs and is not able to earn enough income to provide for those needs and certain other circumstances are met, the court may order spousal maintenance. Tex. Fam. Code §…
Spousal Maintenance in Texas Divorce Cases
In a Texas divorce, a spouse who cannot support herself or himself because of an incapacitating disability and does not have sufficient property to meet their needs may be eligible for spousal maintenance. Tex. Fam. Code Ann. § 8.051. Spousal support is generally limited in time, but a court may…
Ongoing Obligation Under I-864 Affidavit of Support after Texas Divorce
In many cases, when a person seeks to obtain lawful permanent resident status in the United States, also known as a green card, they must have a sponsor who agrees to support them. If the person is moving to the United States as a spouse of or to marry a…
Spousal Maintenance Awards in Texas Divorce Cases
A court in a Texas divorce case may only order spousal maintenance if certain conditions are met. The court must then consider relevant factors in determining the duration, amount, and manner of the payments. The other spouse may challenge a maintenance award if there is insufficient evidence to support a…
Texas Appeals Court Reverses Spousal Maintenance Due to Insufficient Evidence
Courts may award spousal maintenance to provide temporary and rehabilitative support to a spouse who meets specific statutory requirements in a Texas divorce case. Generally, the spouse requesting maintenance cannot have enough property to meet his or her minimum reasonable needs and must meet other statutory requirements. A spouse seeking…
Texas Court Finds Spousal Maintenance Can’t Be Terminated through Collateral Attack
Chapter 8 of the Texas Family Code sets forth the circumstances under which a court in a Texas divorce case may order spousal maintenance. Pursuant to section 8.051, the court may order maintenance if the spouse requesting it lacks sufficient property to provide for his or her minimum needs and…
Diligence and Spousal Maintenance in Texas Divorces
In a Texas divorce, the court may award spousal maintenance if the marriage lasted at least 10 years and the spouse seeking maintenance lacks sufficient property to meet his or her minimum reasonable needs and has insufficient earning capability to support herself or himself. A Texas court recently considered whether…