PHAM & CLOVES, PLLC

In a word, YES – under certain circumstances. If a court is asked to award a spouse what in Texas is called “spousal maintenance” being defined as “the periodic payments from future income of one spouse for the support of the other spouse.” The court can consider several factors in awarding maintenance. In essence, there are two main factors the court can consider - with a couple of sub-parts each.

If the spouse from whom maintenance is sought was convicted of or received deferred adjudication for a criminal offense that constitutes as act of family violence under Title 4 that was committed within the immediate two years prior to date on which the divorce action was filed or while the divorce is pending.

Another situation where a court can award maintenance is where the couple was married for 10 years or more and the spouse seeking maintenance has insufficient property to provide for that spouse’s minimum reasonable needs AND that spouse is unable to support him- or herself through employment due to an incapacitating physical or mental disability OR  is a custodian of a child of the marriage that requires substantial care due to a physical or mental disability OR the seeking spouse clearly lacks the earning ability to support him or herself.

However, a court cannot award maintenance for a period of time exceeding 3 years unless the seeking spouse is disabled and can’t work or is the custodian of a child of the marriage who suffers from an incapacitating physical or mental disability. In this situation, the court can award maintenance “for as long as the disability continues.” However, the award is subject to a modification suit that seeks to change the award due to a change in circumstance.

Spousal maintenance can also be awarded on a temporary basis while the divorce is pending. Getting maintenance is not an absolute. If you think you may qualify for spousal maintenance, contact a Houston Spousal Maintenance Attorney at Veritas Legal Group, PC to discuss your case. A Houston Spousal Maintenance Lawyer at Veritas Legal Group, PC will be able to help you understand how you may qualify for maintenance. To schedule an appointment with a West Houston Family Law Attorney at Veritas Legal Group, PC, simply fill out the online contact form, or call 713-492-0337 to schedule an appointment for a confidential consultation. If you fill out the online contact form, a Houston Divorce Attorney from Veritas Legal Group, PC will contact you within 24 hours.