What are the eligibility requirements for spousal maintenance?
What are the eligibility requirements for spousal maintenance? 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:
- The spouse from whom maintenance is requested was convicted of a criminal offense that also constitutes an act of family violence within two years of date of filing dissolution or while the suit is pending
- The spouse seeking maintenance: (a) Is unable to earn sufficient income to provide for their 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 their 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 physical or mental disability that prevents the spouse from earning sufficient income to provide for their minimum reasonable needs.
Contact experienced family law attorneys at Jackson, Landrith and Kulesz for help deciding the eligibility requirements for spousal maintenance.
