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Who is eligible to receive spousal maintenance?

On Behalf of | Apr 16, 2021 | Family Law |

There are many married couples in Beaumont, Texas and each of these married couples have a unique life based on the circumstances of their family dynamics. The dynamics are based on a number of factors, such as the personalities of the couple, how they divide responsibilities, their respective incomes, the types of jobs they work, how many children they have, the needs of the children and many other factors.

These same factors that make the marriage unique also make the divorce unique if the couple decides to end the marriage. Couples going through divorces need to divide the life they shared into two separate lives. They will need to divide their assets, make determinations for child custody and parenting time, child support and potentially spousal maintenance. These are just the issues a couple may need to resolve though, not every couple will need to deal with each issue.

Eligibility factors for spousal maintenance

One of the issues that not all couples will need to resolve in a divorce is spousal maintenance. This is because not every spouse is eligible for spousal maintenance. In order to be eligible for it, people need to meet certain criteria. First the spouse seeking maintenance, must be in a position after the divorce where they do not have sufficient resources and property to meet their reasonable needs.

They also must have a physical or mental disability that prevents them from earning a sufficient income; been married for 10 years or more and is unable to earn a sufficient income; or needs to care for a child that needs substantial care due to a physical or mental disability and that prevents the parent from earning sufficient income. Victims of domestic abuse that occurred within two years prior to the divorce may also be able to receive spousal maintenance.

As there are many marriages in Beaumont there are also many divorces. Some of these couples may need to resolve the issue of spousal maintenance. This is especially true in long-term marriages when one spouse may have stayed home while the other worked and earned significant income. Experienced attorneys understand the complexities of spousal maintenance determinations and may be a useful resource.