reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter H. Trial and Appeal › Section 6.707. Transfers and Debts Pending Decree

Sec. 6.707.  TRANSFERS AND DEBTS PENDING DECREE.  (a)  A transfer of real or personal community property or a debt incurred by a spouse while a suit for divorce or annulment is pending that subjects the other spouse or the community property to liability is void with respect to the other spouse if the transfer was made or the debt incurred with the intent to injure the rights of the other spouse.
(b)  A transfer or debt is not void if the person dealing with the transferor or debtor spouse did not have notice of the intent to injure the rights of the other spouse.
(c)  The spouse seeking to void a transfer or debt incurred while a suit for divorce or annulment is pending has the burden of proving that the person dealing with the transferor or debtor spouse had notice of the intent to injure the rights of the spouse seeking to void the transaction.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter H. Trial and Appeal › Section 6.708. Costs; Attorney's Fees and Expenses

Sec. 6.708.  COSTS; ATTORNEY'S FEES AND EXPENSES.  (a)  In a suit for dissolution of a marriage, the court as it considers reasonable may award costs to a party.  Costs may not be adjudged against a party against whom a divorce is granted for confinement in a mental hospital under Section 6.007.
(b)  The expenses of counseling may be taxed as costs against either or both parties.
(c)  In a suit for dissolution of a marriage, the court may award reasonable attorney's fees and expenses.  The court may order the fees and expenses and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 916 (H.B. 1366), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 916 (H.B. 1366), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter H. Trial and Appeal › Section 6.710. Notice of Final Decree

Sec. 6.710.  NOTICE OF FINAL DECREE.  The clerk of the court shall mail a notice of the signing of the final decree of dissolution of a marriage to the party who waived service of process under Section 6.4035 at the mailing address contained in the waiver or the office of the party's attorney of record.  The notice must state that a copy of the decree is available at the office of the clerk of the court and include the physical address of that office.
Added by Acts 1997, 75th Leg., ch. 614, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 529 (H.B. 2422), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter H. Trial and Appeal › Section 6.711. Findings of Fact and Conclusions of Law

Sec. 6.711.  FINDINGS OF FACT AND CONCLUSIONS OF LAW.
(a)  In a suit for dissolution of a marriage in which the court has rendered a judgment dividing the estate of the parties, on request by a party, the court shall state in writing its findings of fact and conclusions of law, including  the characterization and value of all assets, liabilities, claims, and offsets on which disputed evidence has been presented.
(b)  A request for findings of fact and conclusions of law under this section must conform to the Texas Rules of Civil Procedure.
(c)  The findings of fact and conclusions of law required by this section are in addition to any other findings or conclusions required or authorized by law.
Added by Acts 2001, 77th Leg., ch. 297, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter H. Trial and Appeal › Section 6.712. Date of Marriage Requirement in Final Decree

Sec. 6.712.  DATE OF MARRIAGE REQUIREMENT IN FINAL DECREE.  (a)  In a suit for dissolution of a marriage in which the court grants a divorce, the court shall state the date of the marriage in the decree of divorce.
(b)  This section does not apply to a suit for dissolution of a marriage described by Section 2.401(a)(2).
Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 4.01, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter I. Remarriage › Section 6.801. Remarriage

Sec. 6.801.  REMARRIAGE.  (a)  Except as otherwise provided by this subchapter, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed.
(b)  The former spouses may marry each other at any time.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 6 - Suit for Dissolution of Marriage › Subchapter I. Remarriage › Section 6.802. Waiver of Prohibition Against Remarriage

Sec. 6.802.  WAIVER OF PROHIBITION AGAINST REMARRIAGE.  For good cause shown the court may waive the prohibition against remarriage provided by this subchapter as to either or both spouses if a record of the proceedings is made and preserved or if findings of fact and conclusions of law are filed by the court.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.001. General Rule of Property Division

Sec. 7.001.  GENERAL RULE OF PROPERTY DIVISION.  In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.002. Division and Disposition of Certain Property Under Special Circumstances

Sec. 7.002.  DIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES.  (a)  In addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage:
(1)  property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition;  or
(2)  property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
(b)  In a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse:
(1)  property that was acquired by the spouse while domiciled in another state and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition;  or
(2)  property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse's separate property if the spouse had been domiciled in this state at the time of acquisition.
(c)  In a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses:
(1)  income and earnings from the spouses' property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed;  or
(2)  income and earnings from the spouses' property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1999, 76th Leg., ch. 692, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 838, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 230, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.003. Disposition of Retirement and Employment Benefits and Other Plans

Sec. 7.003.  DISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER PLANS.  In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant, regardless of whether the person is self-employed, in the nature of compensation or savings.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.004. Disposition of Rights in Insurance

Sec. 7.004.  DISPOSITION OF RIGHTS IN INSURANCE.  In a decree of divorce or annulment, the court shall specifically divide or award the rights of each spouse in an insurance policy.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.005. Insurance Coverage Not Specifically Awarded

Sec. 7.005.  INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.  (a)  If in a decree of divorce or annulment the court does not specifically award all of the rights of the spouses in an insurance policy other than life insurance in effect at the time the decree is rendered, the policy remains in effect until the policy expires according to the policy's own terms.
(b)  The proceeds of a valid claim under the policy are payable as follows:
(1)  if the interest in the property insured was awarded solely to one former spouse by the decree, to that former spouse;
(2)  if an interest in the property insured was awarded to each former spouse, to those former spouses in proportion to the interests awarded;  or
(3)  if the insurance coverage is directly related to the person of one of the former spouses, to that former spouse.
(c)  The failure of either former spouse to change the endorsement on the policy to reflect the distribution of proceeds established by this section does not relieve the insurer of liability to pay the proceeds or any other obligation on the policy.
(d)  This section does not affect the right of a former spouse to assert an ownership interest in an undivided life insurance policy, as provided by Subchapter D, Chapter 9.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.006. Agreement Incident to Divorce or Annulment

Sec. 7.006.  AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.  (a)  To promote amicable settlement of disputes in a suit for divorce or annulment, the spouses may enter into a written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse.  The agreement may be revised or repudiated before rendition of the divorce or annulment unless the agreement is binding under another rule of law.
(b)  If the court finds that the terms of the written agreement in a divorce or an annulment are just and right, those terms are binding on the court.  If the court approves the agreement, the court may set forth the agreement in full or incorporate the agreement by reference in the final decree.  If the court incorporates the agreement by reference in the final decree, the agreement is not required to be filed with the court or the court clerk.
(c)  If the court finds that the terms of the written agreement in a divorce or annulment are not just and right, the court may request the spouses to submit a revised agreement or may set the case for a contested hearing.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 161 (H.B. 559), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.007. Disposition of Claim for Reimbursement

Sec. 7.007.  DISPOSITION OF CLAIM FOR REIMBURSEMENT.  In a decree of divorce or annulment, the court shall determine the rights of both spouses in a claim for reimbursement as provided by Subchapter E, Chapter 3, and shall apply equitable principles to:
(1)  determine whether to recognize the claim after taking into account all the relative circumstances of the spouses; and
(2)  order a division of the claim for reimbursement, if appropriate, in a manner that the court considers just and right, having due regard for the rights of each party and any children of the marriage.
Added by Acts 2001, 77th Leg., ch. 838, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.008. Consideration of Taxes

Sec. 7.008.  CONSIDERATION OF TAXES.  In ordering the division of the estate of the parties to a suit for dissolution of a marriage, the court may consider:
(1)  whether a specific asset will be subject to taxation; and
(2)  if the asset will be subject to taxation, when the tax will be required to be paid.
Added by Acts 2005, 79th Leg., Ch. 168 (H.B. 203), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 7 - Award of Marital Property › Section 7.009. Fraud on the Community; Division and Disposition of Reconstituted Estate

Sec. 7.009.  FRAUD ON THE COMMUNITY; DIVISION AND DISPOSITION OF RECONSTITUTED ESTATE.  (a)  In this section, "reconstituted estate" means the total value of the community estate that would exist if an actual or constructive fraud on the community had not occurred.
(b)  If the trier of fact determines that a spouse has committed actual or constructive fraud on the community, the court shall:
(1)  calculate the value by which the community estate was depleted as a result of the fraud on the community and calculate the amount of the reconstituted estate; and
(2)  divide the value of the reconstituted estate between the parties in a manner the court deems just and right.
(c)  In making a just and right division of the reconstituted estate under Section 7.001, the court may grant any legal or equitable relief necessary to accomplish a just and right division, including:
(1)  awarding to the wronged spouse an appropriate share of the community estate remaining after the actual or constructive fraud on the community;
(2)  awarding a money judgment in favor of the wronged spouse against the spouse who committed the actual or constructive fraud on the community; or
(3)  awarding to the wronged spouse both a money judgment and an appropriate share of the community estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 487 (H.B. 908), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter A. General Provisions › Section 8.001. Definitions

Sec. 8.001.  DEFINITIONS.  In this chapter:
(1)  "Maintenance" means an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.
(2)  "Notice of application for a writ of withholding" means the document delivered to an obligor and filed with the court as required by this chapter for the nonjudicial determination of arrears and initiation of withholding for spousal maintenance.
(3)  "Obligee" means a person entitled to receive payments under the terms of an order for spousal maintenance.
(4)  "Obligor" means a person required to make periodic payments under the terms of an order for spousal maintenance.
(5)  "Writ of withholding" means the document issued by the clerk of a court and delivered to an employer, directing that earnings be withheld for payment of spousal maintenance as provided by this chapter.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.051. Eligibility for Maintenance

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.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.052. Factors in Determining Maintenance

Sec. 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)  each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;
(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 earn sufficient income, and the availability and 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 effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
(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 contribution by one spouse to the education, training, or increased earning power of the other spouse;
(8)  the property brought to the marriage by either spouse;
(9)  the contribution of a spouse as homemaker;
(10)  marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
(11)  any history or pattern of family violence, as defined by Section 71.004.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.003 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.053. Presumption

Sec. 8.053.  PRESUMPTION.  (a)  It  is a rebuttable presumption that maintenance under Section 8.051(2)(B) is not warranted unless the spouse seeking maintenance has exercised diligence in:
(1)  earning sufficient income to provide for the spouse's minimum reasonable needs; or
(2)  developing the necessary skills to provide for the spouse's minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(1), eff. September 1, 2011.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.004 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. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(1), eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.054. Duration of Maintenance Order

Sec. 8.054.  DURATION OF MAINTENANCE ORDER.  (a)  Except as provided by Subsection (b), a court:
(1)  may not order maintenance that remains in effect for more than:
(A)  five years after the date of the order, if:
(i)  the spouses were married to each other for less than 10 years and the eligibility of the spouse for whom maintenance is ordered is established under Section 8.051(1); or
(ii)  the spouses were married to each other for at least 10 years but not more than 20 years;
(B)  seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or
(C)  10 years after the date of the order, if the spouses were married to each other for 30 years or more; and
(2)  shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse's minimum reasonable needs, unless the ability of the spouse to provide for the spouse's minimum reasonable needs is substantially or totally diminished because of:
(A)  physical or mental disability of the spouse seeking maintenance;
(B)  duties as the custodian of an infant or young child of the marriage; or
(C)  another compelling impediment to earning sufficient income to provide for the spouse's minimum reasonable needs.
(b)  The court may order maintenance for a spouse to whom Section 8.051(2)(A) or (C) applies for as long as the spouse continues to satisfy the eligibility criteria prescribed by the applicable provision.
(c)  On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b).
(d)  The continuation of maintenance ordered under Subsection (b) is subject to the procedural requirements for a motion to modify as provided by Section 8.057.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.005 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. 3, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 3, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 443 (H.B. 2070), Sec. 1, eff. June 9, 2023.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.055. Amount of Maintenance

Sec. 8.055.  AMOUNT OF MAINTENANCE.  (a)  A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:
(1)  $5,000; or
(2)  20 percent of the spouse's average monthly gross income.
(a-1)  For purposes of this chapter, gross income:
(1)  includes:
(A)  100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
(B)  interest, dividends, and royalty income;
(C)  self-employment income;
(D)  net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and
(E)  all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and
(2)  does not include:
(A)  return of principal or capital;
(B)  accounts receivable;
(C)  benefits paid in accordance with federal public assistance programs;
(D)  benefits paid in accordance with the Temporary Assistance for Needy Families program;
(E)  payments for foster care of a child;
(F)  Department of Veterans Affairs service-connected disability compensation;
(G)  supplemental security income (SSI), social security benefits, and disability benefits; or
(H)  workers' compensation benefits.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.006 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1138, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(2), eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.056. Termination

Sec. 8.056.  TERMINATION.  (a)  The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.
(b)  After a hearing, the court shall order the termination of the maintenance obligation if the court finds that the obligee cohabits with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis.
(c)  Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination, whether as a result of death or remarriage under Subsection (a) or a court order under Subsection (b).
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.007 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.057. Modification of Maintenance Order

Sec. 8.057.  MODIFICATION OF MAINTENANCE ORDER.  (a)  The amount of maintenance specified in a court order or the portion of a decree that provides for the maintenance of a former spouse may be modified by the filing of a motion in the court that originally rendered the order.  A party affected by the order or the portion of the decree to be modified may file the motion.
(b)  Notice of a motion to modify maintenance or to establish or modify a maintenance qualified domestic relations order under Subchapter H and the response to the motion, if any, are governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.  Notice must be given by service of citation, and a response must be in the form of an answer due on or before 10 a.m. of the first Monday after 20 days after the date of service.  A court shall set a hearing on the motion in the manner provided by Rule 245, Texas Rules of Civil Procedure.
(c)  After a hearing, the court may modify an original or modified order or portion of a decree providing for maintenance or a maintenance qualified domestic relations order under Subchapter H on a proper showing of a material and substantial change in circumstances that occurred after the date of the order or decree, including circumstances reflected in the factors specified in Section 8.052, relating to either party or to a child of the marriage described by Section 8.051(2)(C).  The court:
(1)  shall apply the modification only to payment accruing after the filing of the motion to modify; and
(2)  may not increase maintenance to an amount or duration that exceeds the amount or remaining duration of the original maintenance order.
(c-1)  A party who files a motion to modify maintenance based on a material and substantial change of circumstances may not be considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.
(d)  A loss of employment or circumstances that render a former spouse unable to provide for the spouse's minimum reasonable needs by reason of incapacitating physical or mental disability that occur after the divorce or annulment are not grounds for the institution of spousal maintenance for the benefit of the former spouse.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.008 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 6, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 227 (H.B. 851), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.058. Maintenance Arrearages

Sec. 8.058.  MAINTENANCE ARREARAGES.  A spousal maintenance payment not timely made constitutes an arrearage.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.059. Enforcement of Maintenance Order

Sec. 8.059.  ENFORCEMENT OF MAINTENANCE ORDER.  (a)  The court may enforce by contempt against the obligor:
(1)  the court's maintenance order; or
(2)  an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.
(a-1)  The court may not enforce by contempt any provision of an agreed order for maintenance that exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.
(b)  On the suit to enforce by an obligee, the court may render judgment against a defaulting party for the amount of arrearages after notice by service of citation, answer, if any, and a hearing finding that the defaulting party has failed or refused to comply with the terms of the order.  The judgment may be enforced by any means available for the enforcement of judgment for debts, including by an order or writ of withholding and a maintenance qualified domestic relations order under Subchapter H.
(c)  It is an affirmative defense to an allegation of contempt of court or the violation of a condition of probation requiring payment of court-ordered maintenance that the obligor:
(1)  lacked the ability to provide maintenance in the amount ordered;
(2)  lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;
(3)  attempted unsuccessfully to borrow the needed funds;  and
(4)  did not know of a source from which the money could have been borrowed or otherwise legally obtained.
(d)  The issue of the existence of an affirmative defense does not arise until pleaded.  An obligor must prove the affirmative defense by a preponderance of the evidence.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(3), eff. September 1, 2011.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.009 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(3), eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 3, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 64 (H.B. 867), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.0591. Overpayment

Sec. 8.0591.  OVERPAYMENT.  (a)  If an obligor is not in arrears on the obligor's maintenance obligation and the obligor's maintenance obligation has terminated, the obligee must return to the obligor any maintenance payment made by the obligor that exceeds the amount of maintenance ordered or approved by the court, regardless of whether the payment was made before, on, or after the date the maintenance obligation terminated.
(b)  An obligor may file a suit to recover overpaid maintenance under Subsection (a).  If the court finds that the obligee failed to return overpaid maintenance under Subsection (a), the court shall order the obligee to pay the obligor's attorney's fees and all court costs in addition to the amount of the overpaid maintenance.  For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and court costs if the court states in its order the reasons supporting that finding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.060. Putative Spouse

Sec. 8.060.  PUTATIVE SPOUSE.  In a suit to declare a marriage void, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may be awarded maintenance if otherwise qualified to receive maintenance under this chapter.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.010 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.061. Unmarried Cohabitants

Sec. 8.061.  UNMARRIED COHABITANTS.  An order for maintenance is not authorized between unmarried cohabitants under any circumstances.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.011 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter B. Spousal Maintenance › Section 8.062. Place of Payment

Sec. 8.062.  PLACE OF PAYMENT.  If an obligor is ordered to pay an obligee maintenance under this chapter and child support under Chapter 154, the court shall order the payment of maintenance to the state disbursement unit as provided by Chapter 234.
Added by Acts 2021, 87th Leg., R.S., Ch. 552 (S.B. 286), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.101. Income Withholding; General Rule

Sec. 8.101.  INCOME WITHHOLDING;  GENERAL RULE.  (a)  In a proceeding in which periodic payments of spousal maintenance are ordered, modified, or enforced, the court may order that income be withheld from the disposable earnings of the obligor as provided by this chapter.
(a-1)  The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.
(a-2)  The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.
(b)  This subchapter does not apply to contractual alimony or spousal maintenance, regardless of whether the alimony or maintenance is taxable, unless:
(1)  the contract specifically permits income withholding;  or
(2)  the alimony or maintenance payments are not timely made under the terms of the contract.
(c)  An order or writ of withholding for spousal maintenance may be combined with an order or writ of withholding for child support only if the obligee has been appointed managing conservator of the child for whom the child support is owed and is the conservator with whom the child primarily resides.
(d)  An order or writ of withholding that combines withholding for spousal maintenance and child support must:
(1)  require that the withheld amounts be paid to the appropriate place of payment under Section 154.004;
(2)  be in the form prescribed by the Title IV-D agency under Section 158.106;
(3)  clearly indicate the amounts withheld that are to be applied to current spousal maintenance and to any maintenance arrearages;  and
(4)  subject to the maximum withholding allowed under Section 8.106, order that withheld income be applied in the following order of priority:
(A)  current child support;
(B)  current spousal maintenance;
(C)  child support arrearages;  and
(D)  spousal maintenance arrearages.
(e)  Garnishment for the purposes of spousal maintenance does not apply to unemployment insurance benefit payments.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 242 (H.B. 389), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.102. Withholding for Arrearages in Addition to Current Spousal Maintenance

Sec. 8.102.  WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SPOUSAL MAINTENANCE.  (a)  The court may order that, in addition to income withheld for current spousal maintenance, income be withheld from the disposable earnings of the obligor to be applied toward the liquidation of any arrearages.
(b)  The additional amount withheld to be applied toward arrearages must be whichever of the following amounts will discharge the arrearages in the least amount of time:
(1)  an amount sufficient to discharge the arrearages in not more than two years;  or
(2)  20 percent of the amount withheld for current maintenance.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.103. Withholding for Arrearages When Current Maintenance Is Not Due

Sec. 8.103.  WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT DUE.  A court may order income withholding to be applied toward arrearages in an amount sufficient to discharge those arrearages in not more than two years if current spousal maintenance is no longer owed.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.104. Withholding to Satisfy Judgment for Arrearages

Sec. 8.104.  WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES.  The court, in rendering a cumulative judgment for arrearages, may order that a reasonable amount of income be withheld from the disposable earnings of the obligor to be applied toward the satisfaction of the judgment.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.105. Priority of Withholding

Sec. 8.105.  PRIORITY OF WITHHOLDING.  An order or writ of withholding under this chapter has priority over any garnishment, attachment, execution, or other order affecting disposable earnings, except for an order or writ of withholding for child support under Chapter 158.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.106. Maximum Amount Withheld From Earnings

Sec. 8.106.  MAXIMUM AMOUNT WITHHELD FROM EARNINGS.  An order or writ of withholding must direct that an obligor's employer withhold from the obligor's disposable earnings the lesser of:
(1)  the amount specified in the order or writ;  or
(2)  an amount that, when added to the amount of income being withheld by the employer for child support, is equal to 50 percent of the obligor's disposable earnings.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.107. Order or Writ Binding on Employer Doing Business in This State

Sec. 8.107.  ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS IN THIS STATE.  An order or writ of withholding issued under this chapter and delivered to an employer doing business in this state is binding on the employer without regard to whether the obligor resides or works outside this state.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter C. Income Withholding › Section 8.108. Voluntary Writ of Withholding by Obligor

Sec. 8.108.  VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR.  (a)  An obligor may file with the clerk of the court a notarized or acknowledged request signed by the obligor and the obligee for the issuance and delivery to the obligor's employer of a writ of withholding.  The obligor may file the request under this section regardless of whether a writ or order has been served on any party or whether the obligor owes arrearages.
(b)  On receipt of a request under this section, the clerk shall issue and deliver a writ of withholding in the manner provided by this subchapter.
(c)  An employer who receives a writ of withholding issued under this section may request a hearing in the same manner and according to the same terms provided by Section 8.205.
(d)  An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 8. 258.
(e)  An obligee may contest a writ of income withholding issued under this section by requesting, not later than the 180th day after the date on which the obligee discovers that the writ was issued, a hearing to be conducted in the manner provided by Section 8.258 for a hearing on a motion to stay.
(f)  A writ of withholding under this section may not reduce the total amount of spousal maintenance, including arrearages, owed by the obligor.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter D. Procedure › Section 8.151. Time Limit

Sec. 8.151.  TIME LIMIT.  The court may issue an order or writ for withholding under this chapter at any time before all spousal maintenance and arrearages are paid.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 8 - Maintenance › Subchapter D. Procedure › Section 8.152. Contents of Order of Withholding

Sec. 8.152.  CONTENTS OF ORDER OF WITHHOLDING.  (a)  An order of withholding must state:
(1)  the style, cause number, and court having jurisdiction to enforce the order;
(2)  the name, address, and, if available, the social security number of the obligor;
(3)  the amount and duration of the spousal maintenance payments, including the amount and duration of withholding for arrearages, if any;  and
(4)  the name, address, and, if available, the social security number of the obligee.
(b)  The order for withholding must require the obligor to notify the court promptly of any material change affecting the order, including a change of employer.
(c)  On request by an obligee, the court may exclude from an order of withholding the obligee's address and social security number if the obligee or a member of the obligee's family or household is a victim of family violence and is the subject of a protective order to which the obligor is also subject.  On granting a request under this subsection, the court shall order the clerk to:
(1)  strike the address and social security number required by Subsection (a) from the order or writ of withholding;  and
(2)  maintain a confidential record of the obligee's address and social security number to be used only by the court.
Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.