In Texas, spousal support (spousal maintenance / alimony) is determined according to a case by case basis. “Alimony” is a term used to refer to a contractual agreement between spouses for the future support of one spouse. “Maintenance” is defined in the Texas Family Code as an award in suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse. TFC 8.001.
Statutory Eligibility for Maintenance in Texas:
The court may order maintenance only if the spouse seeking maintenance will lack sufficient property to provide for the spouse’s minimum reasonable needs AND
- The spouse, from whom spousal maintenance is sought has been convicted or received deferred adjudication for a family violence offense against the other spouse or the other spouse’s child within two years of the filing of the divorce or while a divorce is pending; OR,
- The marriage has lasted for at least 10 years and the spouse seeking spousal maintenance lacks sufficient income or property to provide for his or her reasonable needs OR has an incapacitating physical or mental disability OR is the primary custodian of a disabled child of the marriage and caring for said child prevents him/her from earning sufficient income to provide for his/her minimum reasonable needs.
Whether you are seeking spousal support in Texas or think you will be asked to pay an amount to your spouse that you believe is unfair, get the help you need on matters of alimony and spousal maintenance by calling the Burgfechtel Law Offices today.