While planning for a divorce, there are many things couples have to be concerned about, including spousal maintenance. However, spousal maintenance is not guaranteed unless the requesting partner qualifies for it. The Van Slyke & Kestler Law Firm can help you determine if you qualify for spousal maintenance. With an office in Richmond and Sugar Land, TX, we’ve helped numerous families throughout Fort Bend County receive the assistance they need to help improve their quality of life.

The Qualifications for Spousal Maintenance

The requesting spouse may be awarded spousal maintenance to be paid after the divorce if the paying spouse has been convicted of or received deferred adjudication for an act of domestic violence, either before or after the divorce, according to Texas state laws. The act of violence must not have been more than two years prior to the divorce filing.

Clear and Specific Language

One can also be ordered to pay spousal maintenance if the requesting spouse cannot provide for his/her “minimum reasonable needs” due to one of the following reasons:

There is a mental or physical disability that prevents the requesting spouse from earning sufficient income
The requesting spouse is the main caregiver of a child from the marriage that is mentally or physically disabled
The marriage lasted at least 10 years

What Determines How Much Maintenance Will Be Awarded?

Once the requesting spouse is deemed eligible for maintenance, the court will examine the situation to determine how much they are entitled to receive and for how long. The court will base its decision based on the following criteria:

The requesting spouse’s age, educational background & employment history
Length of the marriage
Whether or not there was infidelity in the marriage
The requesting spouse’s contributions as a stay-at-home parent and homemaker
Whether or not the requesting spouse has made any efforts to find employment

Duration of Spousal Maintenance

If there was qualifying domestic violence within a marriage that lasted less than 10 years, the paying spouse can be ordered to make spousal maintenance payments for up to five years. The same applies to a paying spouse who was married for at least 10 years.

If the marriage lasted 20 years, spousal maintenance can be ordered for a maximum of seven years. Payments can last for a maximum of 10 years if the paying spouse was married at least 30 years.

You need a highly-qualified family law attorney by your side if you are planning to dissolve your marriage. Turn to the Van Slyke & Kestler Law Firm for expert counsel and legal advice when it comes to divorce planning, child visitation and other family law matters. To ensure the entire process goes as smoothly as possible, contact us today!