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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Spousal Support In Denton County, Texas: I've been married

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Spousal Support In Denton County, Texas: I've been married for nearly 12 years. I am being told that spousal support of any kind is only if I am incapable of supporting myself. Meaning, I am unable to go back to work. Is this true?
I have been a stay at home mother since the birth of our first child (now 7 years old) and gave up a rather senior position at a financial firm to do so. I do not have a 4 year degree, which although I think would greatly hinder my effort, would not make me incapable.
Submitted: 6 months ago.
Category: Family Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. I've been married for nearly 12 years. I am being told that spousal support of any kind is only if I am incapable of supporting myself. Meaning, I am unable to go back to work. Is this true? No. Maintenance is subjective, and is dependent on subjective factors listed in Tex. Family Code Sec. 8.052, which are: (1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;(3) the duration of the marriage;(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;(5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;(8) the property brought to the marriage by either spouse;(9) the contribution of a spouse as homemaker;(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and(11) any history or pattern of family violence. The length of maintenance for parties that were married between 10-20 years is five years, meaning that the Court could not order maintenance for more than 5 years. If someone in your situation has not worked for a while and does not have a 4 year degree, then the Judge would strongly consider that as evidence of maintenance at least until you get back on your feet. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.