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How is maintenance determined in a Texas divorce?

On Behalf of | May 1, 2024 | Divorce |

Divorce can be a difficult time financially for both spouses. In some cases, one spouse may even need financial help from the other to get back on their feet. In Texas, this type of spousal support is legally called maintenance.

Before awarding maintenance to a spouse, there are specific factors that the court must consider to ensure fairness and balance in the decision-making process.

Factors considered

The Texas courts examine several factors to determine the necessity of maintenance. They look at how long the marriage lasted, if one spouse can support themselves, and if there has been any domestic violence. They also check to see whether or not the spouse asking for maintenance has enough money to cover their basic needs.

Duration and amount

If the court agrees that maintenance is necessary, it will decide how much and for how long. The amount cannot be more than $5,000 a month or 20% of the paying spouse’s average monthly income, whichever is lower. The duration of the payments depends on factors such as how long the marriage lasted and if the receiving spouse can find a job.

Modification and termination

The court can change or end maintenance under certain conditions. If the receiving spouse gets remarried or moves in with a new partner, the payments may stop. Also, if there is a change in either spouse’s income, such as a large raise or a job loss, the court might change the payment plan.

By understanding how Texas determines maintenance, individuals can confidently navigate the process and make better decisions for their financial future.


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