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, either: (A) being unable to earn sufficient income to meet their minimum reasonable needs because of an incapacitating disability; (B) having been married for at least 10 years and lacking the ability to earn sufficient income; or (C) being the custodian of a child of the marriage who has a disability and requires substantial care and supervision that prevents the spouse from earning sufficient income. Tex. Fam. Code § 8.051. It is generally within the court’s discretion to determine a spouse’s “minimum reasonable needs.”
The Texas Supreme Court recently considered the nature of evidence required to support a spousal maintenance award.
The wife stopped working outside the home to become their primary caregiver to the parties’ triplets. One of them was a “medically fragile child” who needed extensive medical treatment.