Tag Archives: alimony in Texas

How do courts define a person’s “minimum reasonable needs” for purposes of spousal maintenance payments?

Once a court determines that a spouse is eligible to receive maintenance in a divorce case, it must then analyze all relevant factors to determine the nature, amount, duration, and manner of the periodic payments. One of those factors includes the spouse’s ability to provide for his or her “minimum reasonable needs” independently, considering his … Continue Reading

Maintenance in Texas – Part 2: Eligibility

Who is eligible for “maintenance” in Texas? Determining eligibility for an award of maintenance in Texas begins with evaluating whether the spouse seeking maintenance will lack sufficient property after the divorce to provide for his or her minimum reasonable needs. If so, then a spouse can be awarded alimony/maintenance under the Texas Family Code only if … Continue Reading

Maintenance in Texas – Part 1: History

Where did “maintenance” in Texas come from? Is it the same thing as “alimony”? Traditionally, Texas law did not favor awards of alimony and the Texas Constitution specifically prohibited it. In 1967, the Texas Supreme Court distinguished between court-ordered alimony and agreements between spouses upon divorce to pay alimony, allowing agreements to stand even where a … Continue Reading