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Section 8.051 – Eligibility For Maintenance

May 14, 2021 | Family Law, Texas

In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse’s separate property, on dissolution of the marriage to provide for the spouse’s minimum reasonable needs and:

(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:

(A) within two years before the date on which a suit for dissolution of the marriage is filed; or
(B) while the suit is pending; or
(2) the spouse seeking maintenance:

(A) is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

Tex. Fam. Code ยง 8.051

Amended by Acts 2013, 83rd Leg. – Regular Session, ch. 242,Sec. 2, eff. 9/1/2013.
Amended by Acts 2013, 83rd Leg. – Regular Session, ch. 242,Sec. 1, eff. 9/1/2013.
Amended By Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 1, eff. September 1, 2011.
Amended By Acts 2005, 79th Leg., Ch. 914, Sec. 1, eff. September 1, 2005.
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.05, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 304, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 8.002 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.