Spousal Maintenance

Dallas Spousal Maintenance Lawyer

Alimony under Texas Family Law

A claim for spousal maintenance in Texas (often called alimony in other states) can be asserted in certain very limited circumstances during a Texas divorce. Spousal maintenance is a claim for periodic payments from the future income of one spouse for the support of the other spouse.  The outcome of property and debt division may affect alimony.

In order to be eligible for spousal maintenance the marriage either must have lasted at least 10 years or the spouse seeking maintenance must be able to show that the spouse to be ordered to make the payments was convicted of or received deferred adjudication for a criminal offense that constituted an act of family violence within 2 years prior to divorce.

Qualifications for Spousal Maintenance

If the claim for spousal maintenance is made on the ground the marriage lasted at least 10 years, the spouse seeking maintenance must show that he or she lacks sufficient property to provide for his or her minimum reasonable needs. Then, the spouse is required to fall into one of the three following scenarios: either the spouse cannot work due to a personal disability or because he or she is caring for a disabled child of the marriage, or that the spouse lacks earning capacity to provide for his her minimum reasonable needs (and shows that she has made diligent efforts in either seeking suitable employment or developing the necessary skills to become self-supporting).