Contrary to what many people think, there is support that can be awarded to the other
spouse AFTER a divorce under certain limited circumstances and for a limited period of
time.  Texas refers to this as maintenance and not alimony.

Generally, you must have been married to your spouse for 10 years, or your spouse
must have been convicted of a crime that constitutes "family violence" in order to be
eligible for maintenance.

Maintenance can be ordered for a period of time not to exceed three (3) years from the
date of the dissolution of the marriage and in an amount not to exceed the lesser of
either $2500.00 or 20% of the gross income of the divorced spouse.

IF the spouse has a physical or mental disability the Court has the power to continue the
maintenance beyond the three (3) year period of time.

The Court may order maintenance under the following rules:

In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with
personal jurisdiction over both former spouses following the dissolution of their
marriage by a court that lacked personal jurisdiction over an absent spouse, the court
may order maintenance for either spouse only if:

(1) the spouse from whom maintenance is requested was convicted of or received
deferred adjudication for a criminal offense that also constitutes an act of family
violence under Title 4 and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is
filed; or

(B) while the suit is pending; or

(2) the duration of the marriage was 10 years or longer, the spouse seeking
maintenance lacks sufficient property, including property distributed to the spouse
under this code, to provide for the spouse's minimum reasonable needs, as limited by
Section 8.054, and the spouse seeking maintenance:

(A) is unable to support himself or herself through appropriate employment because of
an incapacitating physical or mental disability;

(B) is the custodian of a child of the marriage of any age who requires substantial care
and personal supervision because a physical or mental disability makes it necessary,
taking into consideration the needs of the child, that the spouse not be employed outside
the home; or

(C) clearly lacks earning ability in the labor market adequate to provide support for the
spouse's minimum reasonable needs, as limited by Section 8.054.
MILTON I. FAGIN
   ATTORNEY AT LAW
BOARD CERTIFIED FAMILY LAW
     TEXAS BOARD OF LEGAL SPECIALIZATION
Maintenance
"If you don't know
the law know a
lawyer."
210.736.4423