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Am I Eligible for Spousal Maintenance in Texas?


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Albin Oldner Law, PLLC
Published on February 21, 2021

Spousal support, known as spousal maintenance in Texas, is often requested by many individuals going through a divorce. Unfortunately, it can be difficult to get the court to approve support, even if you believe you’re entitled to it. 

Texas Spousal Maintenance Qualifications

Texas takes spousal support seriously and the courts decide the order based on each unique case. According to Texas law, a spouse may be eligible for maintenance if one of the following is true:

  • The other spouse was convicted of or received deferred adjudication for a criminal offense that constitutes an act of family violence towards the requesting spouse during the marriage
  • The requesting spouse is unable to earn insufficient income to provide for their reasonable needs because of physical or mental disability
  • Both spouses have been married for 10 years or longer and the requesting spouse lacks the ability to earn sufficient income to provide for their minimum reasonable needs
  • The requesting spouse is the custodian of a child of the marriage who requires substantial care and supervision because of physical or mental disability, preventing the spouse from earning sufficient income

What Factors Does the Court Consider When Determining Eligibility?

When determining eligibility for spousal maintenance, the court must consider what are the requesting spouse’s minimum reasonable needs. The court will determine these needs based on factors such as:

  • The requesting spouse’s education and employability
  • The time necessary for the requesting spouse to acquire sufficient education or training to obtain employment
  • The effect on each spouse’s ability to provide for reasonable needs while providing child support payments
  • The effects of marital misconduct such as infidelity or abuse

How Much Will You Receive?

If the court determines that you’re eligible and orders spousal maintenance, there are limits to follow. In Texas, maintenance payments must not be more than $5,000 per month or more than 20% of the spouse’s monthly gross income, whichever is less.

Questions About Spousal Maintenance? Call Albin Oldner Law Today.

Are you concerned about spousal maintenance? An attorney can help you fight for support if you truly need it to bounce back after divorce. Have questions about your divorce? We’re here to support you. To learn more, call the Texas divorce attorneys at Albin Oldner Law at (214) 225-9138 or send us a message.

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