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Divorce and Family Law Attorney
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FAQs: Post-Divorce Maintenance

Life after divorce comes with a lot of ups and downs. Maybe you’ve taken on more expenses after splitting from your spouse, or you can no longer keep your current lifestyle. In Texas, if you are experiencing financial difficulties after your divorce, you may be eligible for post-divorce maintenance.

A court sometimes awards post-divorce maintenance after the dissolution of marriage. It allows you or your spouse to provide payments to support the other spouse based on your future income.

We’ve answered a few questions about post-divorce maintenance here:

Am I Eligible For Post-Divorce Maintenance?

You may be entitled to post-divorce maintenance if you don’t have enough assets to provide your own minimum reasonable expenses and needs. Here are a few factors to consider:

  • You’re unable to earn enough income to upkeep your needs because of a physical or mental disability.

  • You have custody of your child and don’t earn enough to sustain their care because of a physical or mental disability.

How Much Money Am I Entitled To?

If you’re eligible for maintenance or a court determines you have to pay your spouse, the court will decide the following:

  • They will pay no more than 20% of their monthly gross income.

  • The amount should be enough to cover your minimum reasonable needs.

  • A judge will decide if payments will be made periodically.

Can I Get Maintenance If I Work?

A judge will factor in you and your spouse’s education and employment skills when deciding eligibility. Here are a few things a judge will need to know:

  • Employment history

  • Earning ability

  • Ability to pay child support (if necessary)

  • Financial contributions to education or training

What Happens If My Ex-Spouse Fails to Pay Ordered Maintenance?

If your ex fails to pay the ordered maintenance, a judge may hold them in contempt of court. Being held in contempt means they didn’t follow through with a court order. As a result, your ex can be sent to jail or fined.

Our Southlake family law attorney at Michelle Purvis Law is here to help families solve their issues. If you’re experiencing problems with your spouse making payments or you’re having trouble paying, you may consult with us to answer your questions about maintenance.

Contact us at (817) 383-1502 for further information about post-divorce maintenance.