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Spousal Maintenance in Texas

There is a presumption against spousal maintenance in Texas. Under Texas law, a person is only eligible to receive spousal maintenance if:

1) the other spouse was convicted of an act of family violence that occurred during the 2 years immediately before the date on which the petition for divorce was filed, OR

2) the marriage lasted longer than 10 years and the spouse to receive maintenance cannot support himself/herself.

Generally, a Texas court may not order spousal maintenance for longer than 3 years after the divorce is final, and the court will limit the duration of payments to the shortest period of time possible. However, a person may be entitled to receive spousal maintenance for a longer period of time if he/she has an incapacitating physical or mental disability or is caring for a child with such a disability.

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