In a Texas divorce when one spouse makes more money than the other and is mandated by the court to make regular alimony payments to support their former spouse after a divorce, this is called spousal maintenance.
Judges will start with a clean slate, assuming that both spouses are equal, and it is left up to the spouse and their attorney who are seeking spousal maintenance to make their case to the court as to why they are entitled to ongoing compensation.
If the spouse is able to prove their case, then the next big questions become how much is due and for what length of time. A judge will have to weigh many factors in deciding these issues, including:
Texas law states that unless there is just cause for ongoing support due to mental or physical issues, spousal maintenance will have a limited time frame under the law. Generally, that period will be between five to 10 years, primarily depending on the length of the marriage.
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