Alamo Towers West, 901 NE Loop 410,
Suite 800,
San Antonio, TX 78209
Veteran Mother Comes Home

Alimony Attorney San Antonio

Spousal Maintenance Is Tough To Get

Court-ordered spousal maintenance is difficult to get in a Texas divorce.  A requesting spouse must prove to the court that they lack sufficient property to meet their minimum reasonable needs.  Property the requesting spouse will receive in the divorce counts too.   

A requesting spouse also must prove that either:

(1) the other spouse was convicted of or received deferred adjudication for acts of family violence within 2 years prior to or during the suit;

(2) the requesting spouse is unable to earn sufficient income because of their own physical or mental disability;

(3) the requesting spouse is unable to earn sufficient income because substantial care and supervision is required for a child of the marriage due to the child’s physical or mental disability; or

(4) the requesting spouse has been married to the other spouse a minimum of 10 years and is unable to earn sufficient income because of other reasons (e.g. the spouse has actively sought but failed to secure employment due to a lack of relevant skills).

Spousal Maintenance Won't Last Forever

When awarded, spousal maintenance should only be ordered for the shortest reasonable period that permits the requesting spouse to earn enough to provide for their own minimum reasonable needs.  The maximum length of time that spousal maintenance can be awarded is tied to how long the marriage lasted.  Courts can order shorter periods of time, but not longer. 

 



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Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: 210-762-4502

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