The Texas Family Code allows for a Court to award spousal support (also known as maintenance) based on the disability of a spouse. Disability is not explicitly defined and based on our experience often subjective.
The Fort Worth Court of Appeal rendered an opinion recently that outlines how subjective it can be. The facts are the Wife’sexpert testified that she had borderline personality disorder, and Wife testified that she had trouble finding a job. Importantly, Wife testified she was not disabled and blamed her Husband for her inability to work and not any disability. The Husband testified that Wife had held several jobs while married and her mental health had not precluded her from working. Despite this the trial court awarded the Wife maintenance.
On appeal the Fort Worth Court of appeals reversed the trial court stating that the Wife’s work history and own testimony did not support the spousal support award.
The case is J.F. v. J.F., No. 02-19-00029-CV, 2020 WL 4248681 (Tex. App.—Fort Worth 2020, no pet. h.