Navigating Post-Divorce Support: Qualifying for Maintenance in Texas

Divorce proceedings can bring about significant financial changes, and in some cases, post-divorce support, known as post divorce maintenance, becomes a crucial factor. Understanding the criteria for qualifying for post-divorce support in Texas is essential. Below I explore the ways individuals may qualify for maintenance and the considerations that come into play during divorce proceedings. 

1. Length of Marriage One key factor in determining eligibility for post-divorce support in Texas is the length of the marriage. Generally, longer marriages may increase the likelihood of qualifying for maintenance. The court considers marriages lasting ten years or more as eligible for support, but this isn't a strict rule. 

2. Disability or Incapacity If a spouse has a physical or mental disability that affects their ability to earn a living, it may be a qualifying factor for post-divorce support. The court assesses the impact of the disability on the individual's earning capacity and financial independence. 

3. Educational Disparities In cases where there is a significant difference in educational levels between spouses, the court may consider post-divorce support. If one spouse has sacrificed educational or career opportunities for the benefit of the marriage, they may be eligible for maintenance. 

4. Contributions to the Marriage Contributions to the marriage, both financial and non-financial, are taken into account. If one spouse supported the other's education or career, managed household responsibilities, or made sacrifices for the family, the court may recognize these contributions when determining post-divorce support. 

5. Income Disparities Significant income disparities between spouses can be a qualifying factor for maintenance. The court evaluates the financial needs of the spouse seeking support and the paying spouse's ability to provide financial assistance. 

6. Custody Arrangements The custody arrangements of the children may impact post-divorce support. If a custodial parent requires support to maintain a stable environment for the children, especially for children with disabilities, the court may consider this factor when determining eligibility. 

7. Financial Need and Ability to Pay Ultimately, the court assesses the financial need of the spouse seeking maintenance and the paying spouse's ability to provide support. The goal is to ensure a fair and equitable outcome, taking into consideration the financial circumstances of both parties. 

 Qualifying for post-divorce support in Texas involves a nuanced consideration of various factors, including the length of the marriage, disability, educational disparities, contributions to the marriage, income disparities, custody arrangements,, and overall financial need. Navigating this aspect of divorce requires a thorough understanding of the specific circumstances and the guidance of an experienced family law attorney to advocate for your rights and interests during the legal process.

 If you have questions about post divorce maintenance, please contact our office to learn how our office can be of service to you. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.

Attorney, Ashley Nicole Green is a divorce attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com