The purpose of Texas spousal maintenance is to give temporary support to a spouse whose ability to provide for their own needs has been diminished and who does not have sufficient assets to support themselves. Spousal maintenance may be ordered if the spouse meets certain statutory criteria. For a marriage that has lasted at least 10 years, the court may award maintenance if the spouse has insufficient property and lacks the ability to earn sufficient income to provide for their minimum reasonable needs. Tex. Fam. Code § 8.051(2)(B). Texas has a rebuttable presumption against maintenance unless the spouse has been diligent in earning sufficient income or developing skills to do so while separated and while the divorce is pending. Tex. Fam. Code . § 8.053(a). If the spouse rebuts the presumption, the trial court considers certain statutory factors in determining any maintenance award. Tex. Fam. Code § 8.052. A spousal maintenance award generally cannot exceed the lesser of $5,000 or 20% of the spouse’s average gross monthly income. Tex. Fam. Code § 8.055. A former husband recently challenged a spousal maintenance award to his former wife of over 30 years.
The parties married in 1988. The husband was a real-estate broker and ordained minister. He admitted his pornography addiction and past adultery to the wife in February 2023. The wife subsequently moved in with their daughter.
The wife petitioned for divorce in September 2023 on the grounds of cruelty and adultery. She requested a disproportionate share of the marital estate and spousal maintenance.