spousal maintenance

What is Spousal Maintenance and When is it Awarded?

Published on: November 21, 2021 | by Kelly McClure

Spousal maintenance (which is commonly compared to other states’ alimony) is a payment from one spouse to another to help the other spouse meet their “minimum reasonable needs” after divorce. A Texas divorce court will determine what is considered to be a spouse’s “minimum reasonable needs,” and can take many factors into consideration when making this determination. (Tex. Fam. Code Ann. § 8.001) Thus, whether a spouse is entitled to spousal maintenance is decided on a case-by-case basis.

A spouse who is seeking spousal maintenance must first demonstrate one of the following to be considered for maintenance (Tex. Fam. Code Ann. § 8.051.):

The marriage lasted 10 or more years;

Texas Spousal Maintenance Upheld Without Medical Records or Expert Testimony

Published on: August 8, 2021 | by Kelly McClure

iStock-1183385986-scaled A court may order Texas spousal maintenance if the spouse requesting it is not able to earn enough to provide for their own minimum reasonable needs due to an incapacitating disability. The incapacitating disability may be either physical or mental. Tex. Fam. Code 8.051. A former husband recently challenged a spousal-maintenance award, arguing that the former wife had not shown her disability was “incapacitating.”

Husband Files for Divorce

The couple separated in September 2016 and the husband petitioned for divorce in 2018. At trial, the wife testified she had fallen down the stairs in April 2016.

The wife testified she had lost her vision for several days as a result of the fall. She also experienced seizures. She was in the hospital for several days and was diagnosed with traumatic brain injury with severe memory loss. She said she had difficulty with words and processing things. She testified she recently started regaining her memory and taught herself to read again. She also testified her short-term memory had gotten better than it had been. She admitted that she could currently drive and do math with a calculator.

With Child Support Off the Table, Celebrity Asks for “Pet Support”

Published on: December 14, 2015 | by Kate Mataya

Nearly a year after separating, Mandy Moore and Ryan Adams are still trying to negotiate a settlement for divorce. The reason for the drawn out divorce? Alimony. Continue Reading ›

Kaley Cuoco and Ryan Sweeting Split, Short Term Marriage

Published on: September 28, 2015 | by Francesca Blackard

If you’ve read the gossip tabloids today, you probably know now that Kaley Cuoco, actress from The Big Bang Theory and Ryan Sweeting, a pro tennis player, have recently decided to end their 21- month marriage. Apparently things were getting rough for the couple who had only dated 3 months before tying the knot. To read more about the split on Glamour Magazine, click here.

This short-term marriage is not uncommon. The Atlantic recently wrote an article entitled The Divorce-Proof Marriage, which discussed how factors such as income, length of dating and even how many people attend your wedding affect your likelihood for divorce. They discuss that “a strong marriage, is an intentional one,” not one that is done without thinking beforehand. The article deconstructs a study conducted at Emory University demonstrating that couples who date more than a year before marriage are 20% less likely to end in divorce, and marriages after three years of dating, 39% more likely. Of course, we have to think that age is also a huge factor among other circumstances, but length of dating before marriage is definitely key. It is very common for our clients to mention that a lack of ‘getting to know’ their partner before marriage led to many surprises after marriage –which ultimately brings them to our doors.

Camille Cosby- To Divorce or Not to Divorce, that is the Question

Published on: December 16, 2014 | by Francesca Blackard

In light of the recent rape allegations against Bill Cosby, many are wondering whether Camille Cosby, his wife, will be filing for divorce. Bill Cosby married Camille in 1964; they have been married 50 years. Her and Bill had five children together—both her and the children were the storylines for the famous NBC series “The Cosby Show.” Over time, their marriage has taken some rocky turns, but has surprisingly outlasted the obstacles, at least until now.

You may remember when Bill Cosby admitted he had an extramarital affair with Shawn Berkes after having being blackmailed by an alleged daughter, Autumn Jackson, in 1997. A few years after, in a 2000 interview with Oprah Winfrey, Camille mentioned that the reason she had not gotten divorced was because, “You cleanse yourself of all of that baggage, and you look at each other and determine whether the relationship is worth salvaging, whether you really love each other and want to be together.” Although Bill had been accused of sexual misconduct in the past, it would be a shock if the revival of the rape allegations would not end in divorce. One thing is cheating, another is rape.