Divorce

Maintenance (spousal support)
In Texas, spousal support is called “maintenance.” A judge may order maintenance for either spouse if:

1. the spouse asking for maintenance will not have enough property, including separate property, when the marriage ends to provide for his/her minimum needs; and
2. one of the following is true:

1. the spouse that has to pay maintenance meets all of these requirements:
   • s/he was convicted of, or received deferred adjudication for, a crime that is an act of family violence;
   • the act of family violence was committed during the marriage against the spouse asking for support or his/her child; and
   • the crime occurred within two years before the filing for divorce or while the divorce was pending; or
2. the spouse that is asking for maintenance meets one of these requirements:
   • s/he is not able to earn enough money to provide for his/her minimum needs because s/he has an incapacitating physical or mental disability;
   • s/he has been married for ten years or more and does not have the ability to earn enough money to provide for his/her minimum needs; or
   • s/he has custody of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that does not allow the spouse to earn enough money to take care of his/her minimum needs.¹

Child Support
The judge may require one or both parents to provide child support until:

• the child turns 18 or graduates from high school, whichever comes later;
• the child is emancipated; or
• the death of the child.²

If the child is disabled, child support payments could last for an indefinite period of time.² Parents will also be required to pay medical support for their children.³

For additional information about child support in Texas, you can go to the Texas Attorney General’s website.

¹ Tex. Fam. Code § 8.051
² Tex. Fam. Code § 154.001
³ Tex. Fam. Code § 154.008