Spousal maintenance is not a right in a Texas divorce. Spousal maintenance is decided on an individual basis and typically only lasts for a certain period of time.
The purpose of spousal maintenance is to provide one spouse with some type of income to live on until they become financially independent. Spousal maintenance may be awarded if your spouse was the primary income earner of, if you have children, you did not work or worked part-time so you could take care of the children.
Factors that influence a spousal maintenance award
There are a few ways you can receive spousal maintenance. You must show that your marriage has lasted at least 10 years and that you do not have enough income or resources to provide for your needs. When children are involved, you must provide evidence that you are their primary caretaker.
Permanent or long-term spousal maintenance is rarely awarded. However, your chance of receiving it is higher if you are approaching retirement age or already retired and not expected to re-enter the workforce.
A disability or other evidence showing that you lack the earning capacity to obtain employment that will provide for your reasonable needs could are also reasons for a potentially long-term spousal maintenance award.
When domestic violence is involved
Additionally, a history of domestic violence could impact a spousal maintenance award. You could receive spousal support if your spouse was convicted of a family violence crime within two years before the divorce is filed. This applies regardless of the length of your marriage.
You and your spouse can always agree on a spousal maintenance award. This includes the amount of maintenance and how long it will last. When the award is based on an agreement, the payments are called spousal support, rather than spousal maintenance.
Spousal maintenance or support ends when one spouse dies or remarries, when the time set by the court expires or if you begin living with someone with whom you have an intimate relationship.
Considering these many factors, your chance of receiving spousal maintenance depends on your specific situation. It is best to review your options to get a realistic idea of what to expect.
