Sec. 8.051. ELIGIBILITY FOR MAINTENANCE. In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and:
(1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred:
(A) within two years before the date on which a suit for dissolution of the marriage is filed; or
(B) while the suit is pending; or
(2) the spouse seeking maintenance:
(A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability;
(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or
(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.05, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 304, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 8.002 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 914 (H.B. 201), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 2, eff. September 1, 2013.
Notes of Decisions
Renee Sheree O'Carolan v. Gary D. Hopper, 414 S.W.3d 288 (Tex. App.—Austin 2013).
· cites it 7× “See former Tex. Fam.Code Ann. § 8.051. 17 In other words, Hopper argued that O’Carolan was no longer eligible for spousal maintenance because she cannot show that she is still his spouse.”
Cooper v. Cooper, 176 S.W.3d 62 (Tex. App.—Houston [1st Dist.] 2004).
· cites it 5× “See Tex. Fam. Code Ann. § 8.051 (2). The trial court found that appellee lacked sufficient property, including property distributed to her pursuant to the divorce, to provide for appellee’s minimum reasonable needs.”
Yarbrough v. Yarbrough, 151 S.W.3d 687 (Tex. App.—Waco 2004).
· cites it 4× “See Tex. Fam. Code Ann. § 8.051 (2)(B) (Vernon Supp.”
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).
· cites it 2× “See TEX. FAM. CODE § 8.051 (describing eligibility requirements).”
Roberts v. Roberts, 531 S.W.3d 224 (Tex. App.—San Antonio 2017).
· cites it 2× “Texas Family Code Section 8.051 provides that a trial court may award spousal maintenance only if the duration of the marriage was ten years or longer and the spouse seeking maintenance: lacks sufficient property, including property distributed to the spouse under this code, to…”
Smith v. Smith, 115 S.W.3d 303 (Tex. App.—Corpus Christi 2003).
· cites it 3× “The requirements of Texas Family Code section 8.051 have been met in this case.”
Juan Ayala v. Blanca Edit Ayala, 387 S.W.3d 721 (Tex. App.—Houston [1st Dist.] 2011).
· cites it 2× “See Tex. Fam.Code Ann. §§ 8.051, 8.054(a)(1) (Vernon 2006).”
Chafino v. Chafino, 228 S.W.3d 467 (Tex. App.—El Paso 2007).
· cites it 2× “See Tex. Fam.Code Ann. § 8.051; Pickens v. Pickens, 62 S.”
Sheshtawy v. Sheshtawy, 150 S.W.3d 772 (Tex. App.—San Antonio 2004).
· cites it 2× “Tex. Fam.Code Ann. § 8.051 (Vernon Supp.2004).”
Stucki v. Stucki, 222 S.W.3d 116 (Tex. App.—Tyler 2006).
· cites it 2× “Tex. Fam.Code Ann. § 8.051(2)(C) (Vernon 2006).”
Howe v. Howe, 551 S.W.3d 236 (Tex. App.—El Paso 2018).
“" TEX.FAM.CODE ANN. § 8.051. The term "minimum reasonable needs" is not defined in the Family Code.”
Tex. Fam. Code § 8.051(1): 2 cases
Sheshtawy v. Sheshtawy, 150 S.W.3d 772 (Tex. App.—San Antonio 2004).
“Tex. Fam.Code Ann. § 8.051 (Vernon Supp.2004).”
Tex. Fam. Code § 8.051(1)(A): 1 case
Tex. Fam. Code § 8.051(2): 14 cases
Cooper v. Cooper, 176 S.W.3d 62 (Tex. App.—Houston [1st Dist.] 2004).
“See Tex. Fam. Code Ann. § 8.051 (2). The trial court found that appellee lacked sufficient property, including property distributed to her pursuant to the divorce, to provide for appellee’s minimum reasonable needs.”
Yarbrough v. Yarbrough, 151 S.W.3d 687 (Tex. App.—Waco 2004).
“See Tex. Fam. Code Ann. § 8.051 (2)(B) (Vernon Supp.”
Smith v. Smith, 115 S.W.3d 303 (Tex. App.—Corpus Christi 2003).
“The requirements of Texas Family Code section 8.051 have been met in this case.”
Tex. Fam. Code § 8.051(2)(A): 16 cases
Renee Sheree O'Carolan v. Gary D. Hopper, 414 S.W.3d 288 (Tex. App.—Austin 2013).
“See former Tex. Fam.Code Ann. § 8.051. 17 In other words, Hopper argued that O’Carolan was no longer eligible for spousal maintenance because she cannot show that she is still his spouse.”
Tex. Fam. Code § 8.051(2)(B): 18 cases
Yarbrough v. Yarbrough, 151 S.W.3d 687 (Tex. App.—Waco 2004).
“See Tex. Fam. Code Ann. § 8.051 (2)(B) (Vernon Supp.”
Tex. Fam. Code § 8.051(2)(C): 7 cases
Stucki v. Stucki, 222 S.W.3d 116 (Tex. App.—Tyler 2006).
“Tex. Fam.Code Ann. § 8.051(2)(C) (Vernon 2006).”
Chafino v. Chafino, 228 S.W.3d 467 (Tex. App.—El Paso 2007).
“See Tex. Fam.Code Ann. § 8.051; Pickens v. Pickens, 62 S.”
Tex. Fam. Code § 8.051(2)(a): 1 case
Tex. Fam. Code § 8.051(2)(b): 1 case
Tex. Fam. Code § 8.051(a): 1 case
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