Sunday, February 6, 2011

Spousal Support Eligibility

Texas does not have "alimony", but refers to spousal support payments as "maintenance." Maintenance means an periodic payments for a maximum of three (3) years after dissolution of a marriage from the income of one spouse for the support of the other spouse. A court may order maintenance for a spouse, only if:
(1) The spouse from whom maintenance is requested was convicted of or received deferred    adjudication for a criminal offense and the offense occurred:
      (A) within two years before the date on which a suit for dissolution of the marriage is filed; or
      (B) while the suit is pending; or
(2) the duration of the marriage was 10 years or longer, the spouse seeking
  maintenance lacks sufficient property:
      (A) is unable to support himself or herself through appropriate employment
   because of an incapacitating physical or mental disability;
      (B) is the custodian of a child who requires substantial care and personal
   supervision because a physical or mental disability makes it necessary,
   taking into consideration the needs of the child, that the spouse not be
   employed outside the home; or
     (C) clearly lacks earning ability in the labor market adequate to provide
   support for the spouse's minimum reasonable needs.
An order for maintenance is not authorized between unmarried cohabitants under any circumstances. 

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