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Articles Posted in disability

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Texas Spousal Maintenance Upheld Without Medical Records or Expert Testimony

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…

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Military Disability Cannot Be Divided by Texas Divorce Court

Under federal law, a court may not treat military disability benefits as community property for purposes of property distribution in a Texas divorce case. A husband recently challenged the property distribution in his divorce decree, arguing the court had improperly divided a portion of his military disability benefits. Trial Court…

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