In Texas, a spouse is entitled to spousal support under specific conditions outlined in the Texas Family Code.
A spouse may be eligible for spousal maintenance if they lack sufficient property, including separate property, to provide for their minimum reasonable needs after the dissolution of the marriage.
Additionally, eligibility requires that the spouse seeking maintenance either has been married to the other spouse for at least 10 years and lacks the ability to earn sufficient income to meet their minimum reasonable needs, or is unable to earn sufficient income due to an incapacitating physical or mental disability Castillo v. Castillo, 2018 Tex. App. LEXIS 2959, In re Marriage of Haas, 2024 Tex. App. LEXIS 3175, Evans v. Evans, 2020 Tex. App. LEXIS 3012.
The Texas Family Code specifies that the court must consider various factors to determine the nature, amount, duration, and manner of spousal maintenance payments.
These factors include the financial resources of the spouse seeking maintenance, their ability to meet their needs independently, and the duration of the marriage In re Marriage of Haas, 2024 Tex. App. LEXIS 3175, Dalton v. Dalton, 551 S.W.3d 126, Boothe v. Boothe, 681 S.W.3d 916.
Furthermore, the amount of spousal maintenance awarded cannot exceed the lesser of $5,000 or 20% of the spouse’s average monthly gross income, and the obligation to pay future maintenance terminates upon the death of either party, the remarriage of the obligee, or if the obligee cohabits with another person in a romantic relationship on a continuing basis Clark v. Clark, 2023 Tex. App. LEXIS 8258, Soto v. Soto, 656 S.W.3d 767.
For a comprehensive understanding of the conditions and limitations on spousal support in Texas, the cases of Castillo v. Castillo, 2018 Tex. App. LEXIS 2959, In re Marriage of Haas, 2024 Tex. App. LEXIS 3175, and Clark v. Clark, 2023 Tex. App. LEXIS 8258 provide detailed discussions of the eligibility criteria and the factors considered by courts in determining spousal maintenance.
Supporting Content:
Castillo v. Castillo, 2018 Tex. App. LEXIS 2959 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Apr 26, 2018
In re Marriage of Haas, 2024 Tex. App. LEXIS 3175 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | May 8, 2024
Evans v. Evans, 2020 Tex. App. LEXIS 3012 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Apr 9, 2020
Dalton v. Dalton, 551 S.W.3d 126 | TX Supreme Court Cases from 1840 | Cases | Texas | Jun 29, 2018
Boothe v. Boothe, 681 S.W.3d 916 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Dec 21, 2023
Clark v. Clark, 2023 Tex. App. LEXIS 8258 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Oct 31, 2023
Soto v. Soto, 656 S.W.3d 767 | TX Court of Appeals and Court of Civil Appeals Cases from 1892 | Cases | Texas | Nov 28, 2022