Maintenance or Alimony in Texas is governed by Chapter 8 of the Family Code. In determining whether a spouse is entitled to such, the Court will weigh many factors in determining maintenance. These factors include: the financial resources of the spouse seeking maintenance; the education and employment skills of the spouses; the duration of the marriage; the age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance; the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs and to provide child support payments; acts by either spouse resulting in excessive or abnormal expenditures or destruction of property; comparative financial resources of the spouses; contribution by one spouse to the education, training, or increased earning power of the other spouse; the property brought to the marriage by either spouse; the contribution of a spouse as homemaker; marital misconduct of the spouse seeking maintenance; and the efforts of the spouse seeking maintenance to pursue available employment counseling. Hence, a determination by the court awarding maintenance can be as complex as each divorce has specific facts associated with the marriage.
Nevertheless, the court may order maintenance for either spouse only if: (1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence and the offense occurred within two years before the date on which the suit for divorce is filed or while the suit is pending; or (2) the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse’s minimum reasonable needs and the spouse seeking maintenance is unable to support himself/herself through appropriate employment because of an incapacitating physical or mental disability; or is the custodian of a child of the marriage of any age who requires care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or clearly lacks earning ability in the labor market adequate to provide support for the spouse’s minimum reasonable needs
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