The Texas Family Code provides several avenues for a person to be considered eligible for spousal maintenance in a divorce case. Some of these provisions involve disabled parents or spouses who are victims of family violence.
However, the two most important factors are;
In other cases, a person may be eligible if the marriage had lasted ten years or longer and the person requesting spousal maintenance lacks the capacity to provide for his or her own minimum reasonable needs. A person may also qualify for spousal maintenance if he or she is the custodian of a child who has a physical or mental disability. This provision is applicable in those cases involving parents who are prevented from earning sufficient income to provide for the spouse’s minimum reasonable needs due to the amount of substantial care and personal supervision the child requires.
“Minimum reasonable needs” is a legal term of art for which there is no black and white definition. Establishing minimum reasonable needs will depend on the circumstances surrounding the individual requesting maintenance.
The information required by a court will vary depending on the individual case details, however, here are a few things most courts will require;
Call our office to schedule a consultation if you are seeking more information about a claim for spousal maintenance. We have helped many clients achieve an outcome in their favor, and we are ready to do the same for you! Contact our Austin Spousal Support Lawyer for help with any issues regarding Spousal Support or Alimony.
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