Rehabilitative Spousal Maintance

Eligibility for Rehabilitative Spousal Maintenance

Spousal maintenance is seldom awarded by the Texas courts. However, in certain cases, one spouse may be required to pay rehabilitative spousal maintenance to the other. Rehabilitative spousal maintenance is not intended to be a long-term support obligation. Rather, its purpose is to provide a party with the resources to gain the ability to support themselves for a specified period.

Texas law specifies that maintenance is only suitable under certain circumstances. Specifically, maintenance may be granted if the spouse seeking it is unable to provide for their minimum reasonable needs and the marriage lasted for at least ten years. Maintenance may also be awarded if the paying spouse was convicted of an act of family violence within a particular time frame or if the requesting spouse has a mental or physical disability that prevents them from earning income or caring for a child with such a disability. The duration of rehabilitative spousal maintenance is generally limited by the courts to the shortest length of time necessary for the requesting spouse to earn an income that meets their minimum reasonable needs.

What is Used to Determine Rehabilitative Spousal Maintenance?

The Texas Family Code provides various factors that the courts will consider when deciding whether to award rehabilitative spousal maintenance. These factors include each spouse's ability to support themselves independently, taking into account their financial resources, education, and employment skills, as well as the length of time needed for the spouse seeking maintenance to acquire the education or training necessary to secure adequate income.

Furthermore, the courts will examine the length of the marriage, the employment history, age, earning capacity, physical and emotional health of the spouse requesting support, and the degree to which one spouse contributed to the other's education, training, or earning potential. The courts will also look into whether either party engaged in misconduct such as adultery, fraudulent concealment or destruction of assets, domestic violence, or cruel treatment. Finally, the courts may take into account any other relevant factors that they believe are pertinent in determining whether to grant rehabilitative spousal maintenance.

Speak with an Experienced Divorce Attorney

Divorce has significant and long-term effects, including emotional and financial consequences. In certain cases, the courts may order one spouse to pay rehabilitative spousal maintenance to the other. The experienced attorneys at Wilson Whitaker Rynell have extensive knowledge of divorce proceedings and can provide you with expert guidance. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.