Alimony Texas Style Part IV - How Long?
Once a spouse is awarded maintenance by court order, it is important to note that the maintenance obligation will not go on indefinitely absent compelling circumstances.
Generally, the maximum duration for maintenance payments will not exceed 3 years. Statute requires the court to limit the duration to the shortest reasonable period that allows the spouse receiving support to meet his/her minimum reasonable needs by obtaining employment or job skills. The exception to this 3 year rule would be if the spouse receiving maintenance is physically or mentally disabled, the spouse is the custodian of an infant or young child, or some other compelling reason that prevents the spouse from obtaining gainful employment. See Tex. Fam. Code Section 8.054.
Maintenance orders may be terminated by the court if either party (obligor or obligee) dies, or if the obligee remarries. After a hearing, the court may terminate maintenance payments to an obligee if he/she is cohabitating with another on a conjugal basis (i.e., living with someone on a permanent basis with whom there is a sexual relationship). See Tex. Fam. Code Section 8.056.
