Alimony Texas Style Part IV - How Long?

Posted on May 30, 2007 by Shannon Cavers

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.  

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Spousal Maintenance - Alimony Texas Style

Posted on May 27, 2007 by Shannon Cavers

Until 1995, Texas was the only state without any form of alimony or maintenance following separation and divorce. Texas was able to avoid the “A” word (“alimony”) for quite some time. Following welfare reform on a national level, spousal maintenance in Texas, at least in theory, is designed to prevent the economically disadvantaged spouse from going on welfare. 

When people think of alimony, they may reflect upon the lives of the rich and famous, but spousal maintenance in Texas is nothing like this. To read the full spousal maintenance statutes, refer to Chapter 8 of the Texas Family Code. 

Maintenance is defined as “an award in a suit for dissolution of marriage of periodic payments from the future income of one spouse for the support of the other spouse.” See Tex. Fam. Code Sec. 8.001 (1). The statute is written so that either husband or wife may seek maintenance from the other spouse. 

There are two strict criteria for a spouse to qualify for maintenance. The first involves history of domestic violence in the marriage, and the second involves marriages of 10 years or more. 

Generally, a spouse may seek maintenance if there is a recent history of domestic violence. Specifically, the offending spouse must have been convicted of domestic violence (or received deferred adjudication) within the previous 2 years from the date the divorce action was filed, or during the time the divorce action is pending. 

If a couple is married for 10 years or more, and the spouse seeking maintenance cannot provide for his/her minimum reasonable needs, the spouse may seek maintenance. 

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