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Texas Family Code - Section 8.052. Factors In Determining Maintenance

Legal Research Home > Texas Laws > Family Code > Texas Family Code - Section 8.052. Factors In Determining Maintenance

§ 8.052. FACTORS IN DETERMINING MAINTENANCE.  A court 
that determines that a spouse is eligible to receive maintenance 
under this chapter shall determine the nature, amount, duration, 
and manner of periodic payments by considering all relevant 
factors, including:
		(1)  the financial resources of the spouse seeking 
maintenance, including the community and separate property and 
liabilities apportioned to that spouse in the dissolution 
proceeding, and that spouse's ability to meet the spouse's needs 
independently;
		(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 find 
appropriate employment, the availability of that education or 
training, and the 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 ability of the spouse from whom maintenance is 
requested to meet that spouse's personal needs and to provide 
periodic child support payments, if applicable, while meeting the 
personal needs of the spouse seeking maintenance;
		(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 comparative financial resources of the 
spouses, including medical, retirement, insurance, or other 
benefits, and the separate property of each spouse;
		(8)  the contribution by one spouse to the education, 
training, or increased earning power of the other spouse;
		(9)  the property brought to the marriage by either 
spouse;                 
		(10)  the contribution of a spouse as homemaker;                              
		(11)  marital misconduct of the spouse seeking 
maintenance;  and            
		(12)  the efforts of the spouse seeking maintenance to 
pursue available employment counseling as provided by Chapter 304, 
Labor Code.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.  
Renumbered from § 8.003 by Acts 2001, 77th Leg., ch. 807, § 1, 
eff. Sept. 1, 2001.

Last modified: August 11, 2007