Presumption

One reason why it’s so difficult to qualify for spousal maintenance is the work requirement or presumption that both spouses will immediately seek income or a source to fund living independently.  In San Antonio judges will bluntly ask the individual requesting maintenance what and if they have been doing to seek financial independence.  If the person doesn’t or is unable to provide proof the judge will dismiss the request for maintenance.

Sec. 8.053.  PRESUMPTION.  (a)  Except as provided by Subsection (b), it is presumed that maintenance under Section 8.051(2) is not warranted unless the spouse seeking maintenance has exercised diligence in:

(1)  seeking suitable employment; or

(2)  developing the necessary skills to become self-supporting during a period of separation and during the time the suit for dissolution of the marriage is pending.

(b)  This section does not apply to a spouse who is not able to satisfy the presumption in Subsection (a) because the spouse:

(1)  has an incapacitating physical or mental disability; or

(2)  is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home.

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