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How is Spousal Maintenance Determined?

Posted by Eric Labovitz | Mar 09, 2021 | 0 Comments

In Texas, spousal maintenance is not guaranteed. Instead, whether it is awarded, how much is awarded, and the timeframe during which it may last are all based on a variety of important factors. If you lack the earning ability to reasonably care for your needs, however, it is likely you will receive spousal maintenance. Continue reading to learn more about the factors a judge will review when determining spousal maintenance for your case.

Determining Spousal Maintenance

If you are seeking spousal maintenance, it is important to understand which factors a judge will review.

Below are the most relevant factors the courts will consider:

- The financial resources you and your spouse will have after everything is divided by the court.

- The educational level and employable skills of each spouse.

- The amount of time needed for the spouse seeking support to obtain necessary training or education to earn sufficient income.

- The feasibility and availability of such training or education.

Additionally, the court will examine how long the marriage lasted, the overall health of each spouse, age, and even how each spouse treated one another.

Spousal maintenance is not the same for every couple. Here is how the court determines the length of this award:

- If the paying spouse was convicted of a family violence offense within 2 years of the petition for divorce or while the divorce was pending, spousal maintenance may not last more than 5 years.

- If the marriage lasted for 10 years and less than 20 years, spousal maintenance may not last more than 5 years.

- If the marriage lasted 20 years and less than 30 years, spousal maintenance may not last more than 7 years.

- If the marriage lasted for 30 years or longer, spousal maintenance may not last more than 10 years.

- If the supported spouse is still unable to earn enough income due to a disability or is caring for a disabled child, spousal maintenance can potentially last longer.

Schedule a Free Initial Case Review with a Skilled Family Law Attorney Today!

If you are divorcing your spouse and wish to seek spousal maintenance, you will need an experienced family law attorney on your side to ensure the best possible results for your case. At Labovitz Law Firm, our legal team is committed to guiding clients through the divorce process. You can rely on us to help you achieve your unique goals.

Reach out to our law office today at (817) 374-4056 to set up a free consultation with a member of our legal team.

About the Author

Eric Labovitz

Attorney Eric Steven Labovitz is an experienced trial attorney who is passionate and highly skilled in the field of criminal law. He excels in taking cases to trial but understands that trial may not be the ideal solution to every case. Instead, he works with his clients to determine goals for th...


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