Texas Alimony / Spousal Support

Eligibility for Maintenance

Sec. 8.051. ELIGIBILITY FOR MAINTENANCE; COURT ORDER. In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and:

1. (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, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred:
   1. (A) within two years before the date on which a suit for dissolution of the marriage is filed; or
   2. (B) while the suit is pending; or
2. (2) the spouse seeking maintenance:
   1. (A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability;
   2. (B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or
   3. (C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.05, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 304, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 8.002 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

• Acts 2005, 79th Leg., Ch. 914, Sec. 1, eff. September 1, 2005.
• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 1, eff. September 1, 2011.

Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

1. (1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;
2. 2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
3. (3) the duration of the marriage;
4. 4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
5. (5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
6. (6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
7. (7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;
8. (8) the property brought to the marriage by either spouse;
9. (9) the contribution of a spouse as homemaker;
10. (10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
11. (11) any history or pattern of family violence, as defined by Section 71.004.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.003 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 1, eff. September 1, 2011.

Sec. 8.053. PRESUMPTION. (a) It is a rebuttable presumption that maintenance under Section 8.051(2)(B) is not warranted unless the spouse seeking maintenance has exercised diligence in:

1. (1) earning sufficient income to provide for the spouse's minimum reasonable needs; or
2. (2) developing the necessary skills to provide for the spouse's minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending.
   1. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(1), eff. September 1, 2011.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.004 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

• Acts 2005, 79th Leg., Ch. 914, Sec. 2, eff. September 1, 2005.
• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 2, eff. September 1, 2011.
• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(1), eff. September 1, 2011.

Sec. 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as provided by Subsection (b), a court:

1. (1) may not order maintenance that remains in effect for more than:
   1. (A) five years after the date of the order, if:
      1. (i) the spouses were married to each other for less than 10 years and the eligibility of the spouse for whom maintenance is ordered is established under Section 8.051(1); or
      2. (ii) the spouses were married to each other for at least 10 years but not more than 20 years;
   2. (B) seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or
   3. (C) 10 years after the date of the order, if the spouses were married to each other for 30 years or more; and
2. (2) shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse's minimum reasonable needs, unless the ability of the spouse to provide for the spouse's minimum reasonable needs is substantially or totally diminished because of:
   1. (A) physical or mental disability of the spouse seeking maintenance;
   2. (B) duties as the custodian of an infant or young child of the marriage; or
   3. (C) another compelling impediment to earning sufficient income to provide for the spouse's minimum reasonable needs.
      1. (b) The court may order maintenance for a spouse to whom Section 8.051(2)(A) or (C) applies for as long as the spouse continues to satisfy the eligibility criteria prescribed by the applicable provision.
      2. (c) On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b).
      3. (d) The continuation of maintenance ordered under Subsection (b) is subject to a motion to modify as provided by Section 8.057.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.005 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

• Acts 2005, 79th Leg., Ch. 914, Sec. 3, eff. September 1, 2005.
• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 3, eff. September 1, 2011.

Sec. 8.055. AMOUNT OF MAINTENANCE.

1. (a) A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:
   1. (1) $5,000; or
   2. (2) 20 percent of the spouse's average monthly gross income.
      1. (a-1) For purposes of this chapter, gross income:
         1. (1) includes:
            1. (A) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
            2. (B) interest, dividends, and royalty income;
            3. (C) self-employment income;
            4. (D) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
            5. (E) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and
         2. (2) does not include:
            1. (A) return of principal or capital;
            2. (B) accounts receivable;
            3. (C) benefits paid in accordance with federal public assistance programs;
            4. (D) benefits paid in accordance with the Temporary Assistance for Needy Families program;
            5. (E) payments for foster care of a child;
            6. (F) Department of Veterans Affairs service-connected disability compensation;
            7. (G) supplemental security income (SSI), social security benefits, and disability benefits; or
            8. (H) workers' compensation benefits.
      2. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.
      3. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.
      4. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.006 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1138, Sec. 1, eff. Sept. 1, 2003.

Amended by:

• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 4, eff. September 1, 2011.
• Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.

Courtesy of: Texas Constitution and Statutes

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