This article addresses questions regarding
divorce cases in spring, Texas and Harris and Montgomery Counties in Texas involving
alimony or spousal support when there is spouse that is disabled.
Eligibility based on disability
Under Chapter 8 of the Texas a spouse making a claim for alimony or spousal support based on their disability must show:
- They are disabled and
- They are unable to earn sufficient income to provide for their minimum
reasonable needs because of an incapacitating physical or mental disability.
Tex. Fam. Code §8.051(2)(A).
What are reasonable needs in a Texas Spousal Support or Alimony Case?
“The term 'minimum reasonable needs' is not defined in the
Texas Family Code. Therefore, determining what the 'minimum reasonable
needs' are for a particular individual is a fact-specific determination
which must be made by the trial court on a case-by-case basis Diaz v.
Diaz, 350 S.W.3d 251, 254 (Tex.App.—San Antonio 2011, pet. denied) .
Why is a spouse with a disability important in an alimony or spousal support
If your spouse has a disability it can be important in an
alimony or spouse support case in Texas. This is because if an ex-spouse is awarded maintenance for suffering
from an incapacitating disability under the family code, the court can order spousal maintenance to be paid for as long as the spouse continues to satisfy the eligibility
requirements under the applicable provisions.
What sort of evidence is needed to prove an incapacitating physical or
A physical disability or incapacity need not be proven by medical evidence,
but may be inferred from circumstantial evidence or the competent testimony
of lay witnesses. Smith v. Smith, 115 S.W.3d 303, 309 (Tex. App. 2003)
What is the Duration of Spousal Support if the spouse is disabled?
Should an ex-spouse be awarded spousal maintenance there is generally a cap on how long a judge can award spousal maintenance
this is not true if the spouse suffers from an incapacitating disability.
If the spouse is disabled the court may render an order for spousal maintenance
that continues for as long as the spouse continues to satisfy the eligibility criteria.
Is the length of marriage relevant if the spouse seeking post-divorce
alimony or support?
No not under this section of the Texas Family Code.
If you want to know more about what you can do,
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Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and