For divorces filed after September 1, 2011, the rules for maintenance or “spousal support” have been greatly expanded. Spousal support may be awarded in cases where the parties have been married more than 10 years or a spouse has been convicted of or received deferred adjudication for a crime of family violence. Spousal support is limited to the following time periods:
- Five years for marriages lasting ten years
- Seven years for a marriage lasting twenty years
- Ten years for a marriage lasting thirty years
The amount of spousal support a Court may award is $5000 per month or 20% of the paying spouses average monthly gross income, whichever is less.
While the divorce is pending, however, the Court may order temporary spousal support paid between the parties to assure that each spouse is able to maintain a residence and pay their bills until the property is divided at the final trial or an agreement is reached between the parties.