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 spousal maintenance was appropriate when the spouse receiving maintenance had maintained employment with the same organization for over 30 years.
The couple had been married for nearly 40 years when they divorced. The court ordered the husband to pay $650 per month for five years or until certain specified events occurred. She was also awarded a 100% interest in the joint and survivor’s annuity of his retirement pension.
The husband appealed, arguing there was insufficient evidence to support the spousal maintenance award. He argued the wife’s annual salary was more than sufficient to meet her minimum reasonable needs. He also argued she had requested the marital home and that put her in a worse financial situation.