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Spousal Maintenance
or Alimony
In the State of Texas, alimony or spousal maintenance is rarely awarded and if it is, the support is only awarded for a limited period of time. Generally, in a divorce case, spousal maintenance can be awarded in two circumstances. The first instance in which maintenance can be awarded is if one of the spouses from whom the support is being requested has been convicted of a crime or has received deferred adjudication that involves family violence and the offense has occurred within two years before the date on which the divorce was filed, or while the divorce is pending. The second instance, and more common when spousal maintenance can be awarded is if the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property to provide for his/her minimum needs and the spouse seeking maintenance (1) is unable to support himself/herself because of a physical or mental disability (2) is a custodian of a child who requires substantial care and personal supervision because of a physical or mental disability which makes it necessary to care for the child (3) the spouse clearly lacks the ability in the labor market adequate to provide support for their reasonable needs.Regarding
the duration of the spousal maintenance, the court may not order maintenance
that remains in effect for more than three years after the date of the
order and the court shall further limit the maintenance to the shortest
period of time that allows the spouse seeking maintenance to meet the spouse's
minimum reasonable needs. However, if a spouse is unable to support himself
or herself through appropriate employment because of an incapacitating
physical or mental disability, the court may order maintenance for as long
as the disability continues. The court may however order periodic review
of its order to determine if the disability is continuing. With regard
to the amount of maintenance the court can order, a court may not order
maintenance that requires a spouse to pay monthly more than the lesser
of $2,500 per month or 20% of the spouse's average monthly income. If you are in the process of getting a divorce or have already been served with divorce papers, you need the help of a competent and aggressive Conroe Divorce Attorney or a Spring Divorce Attorney. Contact the Montgomery County, Texas Divorce attorneys at Smith & Garg today to schedule a consultation.
For further information please select any of the following links listed below. Each link will describe a part of the divorce process. In the event you are in need of further information, please contact Smith & Garg today to speak with an attorney or schedule a consultation!