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Spousal maintenance if I file for divorce

Carrollton, TX |
Filed under: Divorce Alimony

if i file for divorce as petitioner, can I ask for spousal maintenance also? I odnt have a job. No family here, no children. how much the spousal maintenance is?

Attorney Answers 3

Posted

Whether you are petitioner or respondent is not relevant to your eligibility for spousal maintenance. The length of your marriage is the first of several hurdles to any post-divorce maintenance. Ten years is the minimum length of marriage for post-divorce maintenance, though you may still be eligible for temporary spousal support while your divorce is ongoing.

Any award of spousal maintenance is dependent on a host of factors, so you will want to consult with a family law attorney to determine your eligibility.

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Kathleen Rolston Robbins

Kathleen Rolston Robbins

Posted

Under Section 8.053 a spouse may receive spousal maintenance for up to 5 yrs post divorce if married less than 10 yrs if under 8.051 the other spouse has been convicted of family violence. Spousal maintenance can be order for 5 yrs post divorce if married 10-20 yrs and for 7 yrs post divorce if married 20=30 yrs and for 10 yrs post divorce if married over 30 yrs.

Posted

Maybe. It's not enough that you don't have a job. You must meet the requirements set out in the Texas Family Code.

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Posted

You will need to consult a lawyer familiar with family law in Texas. The short answer is that there is not a written formula. In fact, spousal maintenance in Texas is very hard to obtain. I haven't researched it in quite some time, but I recall that it is reserved for cases in which the departing spouse simply has no means to provide for his or herself. Merely because a spouse has not worked (and is stay at home parent) is not relevant to the analysis. The question is whether you are capable of earning a living. Lastly, there is an outside time limit that puts a cap on the length of time such an award can be collected. Short answer: consult with a competent family law lawyer soon.

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