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Will I be able to get spousal maintenance or alimony?

Spousal maintenance after the dissolution of the marriage is limited to narrow circumstances. Typically, there are four bases in which a person may receive spousal maintenance:

  • the marriage was at least ten years
  • there has been family violence
  • the person seeking maintenance has an incapacitating physical or mental disability
  • or, the person seeking maintenance is the custodian of a child of the marriage who is disabled

In addition to one of the four bases, it must be established that the spouse seeking maintenance cannot provide for his or her reasonable needs. In Texas, the court will not award contractual alimony, unless it’s an agreement between the parties.