People often think spousal maintenance is guaranteed for one spouse in a divorce. However, in a Texas divorce, that is not true. There are certain requirements that must be met for a spouse who is seeking support to meet before it a judge will award it. Continue reading to learn more about spousal maintenance in a divorce.
Spousal Maintenance and Divorce
There are a number of factors a judge will examine before awarding spousal maintenance. However, if you or your children were the victims of family violence while the divorce was pending or within 2 years before filing for divorce, these factors will likely not matter and a judge will usually award spousal support.
If family violence is not a factor in your case, however, you will have to meet one of the following requirements to receive support:
- The marriage lasted at least 10 years and the support-seeking spouse does not have the ability to earn enough income that will meet their minimum reasonable needs.
- The support-seeking spouse has a mental or physical disability, preventing gainful employment.
- The support-seeking spouse is caring for a child of the marriage who needs substantial supervision because of a mental or physical disability and, as a result, cannot earn enough income to meet their minimum reasonable needs.
Moreover, if awarded spousal maintenance, the duration of your marriage will determine how long spousal maintenance will last. For example, if your marriage lasted for at least 30 years, spousal maintenance may last up to 10 years. It is very rare for a judge to award spousal maintenance for an indefinite period of time.
If the supported party gets remarried or lives with a new partner, however, spousal maintenance can be terminated. There are also some circumstances in which maintenance may be modified in the aftermath of a divorce.
Reach Out to Our Experienced Family Law Team for a Free Consultation Today!
If you are getting divorced, the family law team at Garza Law Firm, LLLP can provide the assistance you need to navigate it. No matter what side of the spousal maintenance issue you are on, you can rely on our experienced team to guide you through it and ensure the best possible results.
Call our law office today at (214) 225-4344 to set up a complimentary case review with one of our attorneys to learn more about your legal options.