How is Spousal Maintenance Determined?

Spousal maintenance is not guaranteed when spouses get divorced. If you are requesting maintenance, the court will only award it if you do not have enough assets to pay for your basic needs at the time of your divorce. Additionally, the amount you receive and the length of time you receive it will depend on a wide variety of factors. Continue reading to learn more about how spousal maintenance is determined.

Spousal Maintenance in a Texas Divorce

If you qualify for spousal maintenance, there are many aspects about your circumstances that will be thoroughly examined.

Here are some of the factors on which spousal maintenance will be based:

  • Your spouse’s ability to provide for your reasonable needs
  • Your employment skills and education, including the amount of time you need to may need to obtain enough education to become financially independent
  • The length of your marriage
  • The amount of assets you and your spouse brought to the marriage
  • Your age, earning ability, employment history, and overall wellbeing
  • Any contributions you made as a homemaker
  • Any property you or your spouse brought to the marriage
  • If you contributed to your spouse’s training or education, increasing earning power during the marriage
  • A history of marital misconduct, such as cruel treatment or adultery during the marriage
  • A history of family violence

Additionally, the length of the marriage will typically dictate the duration of spousal maintenance award. The longer your marriage lasted, the longer spousal maintenance will likely last.

Your spousal maintenance order will end before the termination date if:

  • You or your former spouse dies
  • You remarry
  • You move in with a new romantic partner

Discuss the Details of Your Spousal Maintenance Case with an Experienced Divorce Attorney Today!

If you are ending your marriage and you wish to request spousal maintenance, you should reach out to Kay Polk, Attorney at Law for the skilled legal guidance you need. Our knowledgeable divorce attorney is committed to providing results-driven representation and personalized care for every client. You can rely on us to ensure you receive a spousal maintenance order that is most appropriate for your case.

Reach out to our law office today at (713) 234-6260 to set up an initial case evaluation with our experienced divorce attorney to learn more about your legal options and how we can help you.