Weaver Secures Wife’s Award of 65% of Marital Estate PLUS Spousal Support on Appeal

In an appeal to the Sixth Court of Appeals, Brittany A. Weaver and Kaitlyn E. Phillips fought to protect an award to their client (Wife) of 65% of the marital estate plus $2,500 in spousal per month for eight years. The Husband–contesting the Trial Court’s rulings–argued that Wife did not establish the amount necessary to meet her minimum reasonable needs, and that the amount in spousal support exceeded the statutory guidelines compared to Husband’s gross income.

“Minimum Reasonable Need”

Though referenced in the Texas Family Code, the phrase “minimum reasonable needs” is not defined. As such, the Trial Court is granted discretion to determine these needs on a case-by-case, fact specific basis. Exactitude is not required, which means that a spouse seeking support need not provide an itemized list of monthly income and expenses–this is just helpful for the trier of fact. While Wife received interests in real property of the marital estate and various accounts, Texas law does not require the spouse to spend down long-term assets, liquidate available assets, or incur new debt simply to obtain job skills and meet short-term needs. This factors were considered in conjunction with Wife’s age, lack of ability to work, and sacrifices during the marriage–and Husband’s extreme marital misconduct, resulted in confirmation that there was no abuse of discretion by the Trial Court.

Rebutting the Presumption that Maintenance is Not Warranted

The Texas Family Code presumes that spousal maintenance is not warranted unless the spouse seeking maintenance has exercised diligence in earning sufficient income to provide for her minimum reasonable needs, or developing the necessary skills to provide for minimum needs during separation and while the suit for dissolution is pending. Then, to qualify for maintenance and rebut the presumption, the spouse seeking maintenance should show:

1.  each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering the resources;
2. education and employment skills of the spouses, as well as time necessary to acquire sufficient education or training to enable the spouse to earn a sufficient income, and the availability/feasibility of education or training;
3. duration of marriage;
4. age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
5. acts by either spouse resulting in excessive or abnormal expenditures–or destruction, concealment, or fraudulent disposition of community property, etc;
6. contribution by one spouse to the education, training, or increased earning capacity of the other spouse;
7. property brought to the marriage;
8. contribution of a spouse as a homemaker;
9. marital misconduct;
10. history or pattern of family violence;
11. mental or physical disability of the spouse seeking maintenance; or
12. another compelling impediment to earning sufficient income to provide for the spouse’s minimum reasonable needs.

Need Help in Your Case?

Contact the attorneys at Yale, Weaver & Phillips to ensure your rights are being protected both at the trial level and on appeal.