Introduction, What Dallas Divorcing Couples Need to Know About Spousal Maintenance
When Texas courts calculate spousal maintenance awards, they must follow specific statutory guidelines that protect both parties’ rights. A recent Austin Court of Appeals decision, H. v. H. (2025), provides essential guidance for anyone navigating divorce in the Dallas area, particularly regarding how courts determine spousal maintenance amounts. Per the published opinion, this case emphasizes that while disability can qualify a spouse for ongoing maintenance support, the calculation of that support must strictly follow Texas Family Code provisions. For Dallas residents considering divorce or currently in family law proceedings, understanding this distinction between eligibility and calculation could significantly impact final outcomes. The case also reveals important limitations on how courts can apply income considerations, a lesson that applies broadly across the Dallas metroplex including Irving, Richardson, Garland, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Cockrell Hill, Lancaster, Seagoville, and Duncanville. Our firm brings 25 years of family law experience to these complex issues, helping clients understand not just what courts might award, but how those awards get calculated and what strategies might protect their interests throughout the process.
Case Background, Understanding the Facts and Family Situation
H. and K. married in 1998 and separated after more than 20 years of marriage in 2019, bringing their three children into their early twenties at the time of trial. The husband, an educated individual with prior professional basketball experience and a long career in fitness management, filed for divorce on grounds of in-supportability. His wife filed a counter petition raising both cruel treatment and in supportability, crucially requesting spousal maintenance to address her financial needs. The couple’s marriage had experienced significant economic flux, with periods of unemployment on the husband’s part supported by the wife’s work at a cosmetics counter, followed by the husband’s establishment of a stable career earning over $140,000 annually before a furlough during the COVID pandemic.
The wife’s situation represented the central dispute in the case. Diagnosed in 1990 with secondary lymphedema affecting her right leg, she experienced progressive complications including fluid retention of 20 to 30 pounds, skin breakdown, infections requiring hospitalization, and increasing difficulty with physical activities. By the time of trial, her condition had deteriorated such that her left leg began exhibiting similar symptoms. She had worked for approximately three years during their early marriage but had remained unemployed for over 20 years due to her medical condition. At trial, she received $1,900 monthly in Social Security disability benefits and sought spousal maintenance based on 20 percent of her husband’s gross income. The husband opposed the maintenance request entirely, arguing his wife’s active lifestyle and family participation demonstrated she could work, and contending that any obligation must be based on his current actual income rather than earning potential.
Legal Analysis, How Texas Courts Determine Spousal Maintenance Eligibility and Awards
The Two Step Analysis, Eligibility First, Calculation Second
Texas Family Code § 8.051 establishes three pathways to spousal maintenance eligibility: an incapacitating physical or mental disability preventing sufficient income generation, marriage lasting ten or longer years combined with inadequate earning ability, or primary custody of a disabled child requiring substantial care. The H. case focuses on the first pathway. The appellate court confirmed that the trial court properly found the wife’s lymphedema constituted an incapacitating physical disability under the statute. This determination matters because once a spouse qualifies for maintenance under disability grounds, the court may award support “for as long as [she] continues to satisfy the eligibility criteria” without the time limitations that apply to other maintenance categories.
The court emphasized that proving incapacity need not rely exclusively on expert medical testimony. The wife’s own testimony about her daily struggles, her mother’s description of her condition as “like a blood pressure cuff pumped up so hard,” and her adult son’s account of watching her become “debilitated” after overexertion all provided legally sufficient evidence. She had been hospitalized multiple times for infections related to her condition and required daily management through compression stockings, salt baths, and leg elevation. That she occasionally participated in family activities, even while unable to engage in activities like skiing without accommodation, did not negate her fundamental incapacity for full time employment. This distinction proves important: a spouse with a disability can still enjoy some activities while remaining unable to earn sufficient income for self support.
The Critical Error, Income Calculation and Statutory Limits
Where the trial court erred involved the spousal maintenance calculation itself, a distinction that becomes crucial for any Dallas divorce attorney navigating these issues. Section 8.055 of the Family Code caps spousal maintenance at the lesser of $5,000 per month or 20 percent of the spouse’s average monthly gross income. At the time of trial, the husband earned approximately $3,300 monthly, meaning 20 percent of that income would support a maintenance award of only $660 monthly. However, the trial court, concluding the husband was “intentionally underemployed,” found he had earning potential of $120,000 annually and calculated the award as 20 percent of that deemed income, resulting in a $1,500 monthly award.
The appellate court reversed this calculation, drawing a critical distinction that the Family Code chapter governing child support (Chapter 154) includes an explicit provision allowing courts to impute earning potential when a parent is intentionally underemployed. This language appears nowhere in Chapter 8, which governs spousal maintenance. The Corpus Christi Court of Appeals had reached the identical conclusion in an earlier case, and the H. court reinforced it, holding that section 8.055 “includes no equivalent provision authorizing the trial court to assess spousal maintenance based on earning potential rather than actual income due to intentional underemployment.” The husband’s prior earning history, his education, and the trial court’s belief that he should re-enter higher-paying work were legally irrelevant when calculating the maintenance obligation itself. The statute requires actual income, not potential income, regardless of how the obligor acquired such actual income.
What This Means for Dallas Divorce Practitioners and Their Clients
For clients consulting with a Dallas divorce attorney about spousal maintenance, this case clarifies several important principles. First, disability based maintenance can extend indefinitely without requiring the recipient to attempt retraining for employment, distinguishing it from the ten year marriage pathway where diligence presumptions apply. Second, trial courts retain genuine discretion in determining what constitutes “minimum reasonable needs” through itemized budgets, which the wife demonstrated through detailed expense documentation. Third, and most critically, the calculation of any award remains bounded by statutory formulas that courts cannot circumvent, even when judges believe an obligor should be earning more money. The husband’s intentional career pivot from fitness management to part-time coaching, however questionable his motivations, could not serve as a basis to impose obligations based on hypothetical earnings.
The appellate decision also illuminated how courts should handle child support within a maintenance calculation. The wife’s budget included $1,200 in child support and itemized expenses for the children, both of which legitimately factored into her minimum reasonable needs. When a spouse seeking maintenance also receives child support and provides primary caregiving, courts must account for both the income and the corresponding child related expenses on their respective sides of the ledger. This holistic approach ensures that spousal maintenance calculations don’t create distorted results when dependent children remain in the household.
Key Takeaways for Dallas,Area Residents Considering Divorce
For those contemplating divorce in Dallas or the surrounding areas, several lessons emerge from this appellate decision. First, if you have a documented disability affecting your earning capacity, you may qualify for ongoing spousal maintenance without requiring proof of diligence in seeking work or acquiring new skills. Second, detailed documentation of your actual monthly expenses strengthens any spousal maintenance request significantly more than general assertions about your needs. Third, if you’re facing a maintenance obligation, your actual current income controls the calculation regardless of what you might be capable of earning with more effort. Fourth, courts take disability seriously and do not dismiss incapacity claims merely because a disabled person occasionally participates in family activities. Fifth, the interplay between child support and spousal maintenance requires careful analysis to ensure all household expenses receive proper accounting.
Strategic Insights, What Different Approaches Might Have Changed
Alternative litigation strategies in this case might have produced different outcomes for either party. The husband could have benefited from earlier, more detailed documentation of his self employment income and the market realities of life coaching as a career field, potentially establishing that his $3,300 monthly income reflected genuine market rates rather than intentional avoidance of higher earning opportunities. Different strategies might have included introducing expert testimony about the fitness industry’s post COVID economic conditions or demonstrating that his skill set lacked ready transferability to other industries. The wife’s representation could have emphasized additional medical evidence earlier in proceedings, though the court ultimately found her testimony sufficient. What this case demonstrates is that thorough preparation on factual foundations, careful attention to what the specific statute actually requires, and clear focus on the distinction between what’s legally desirable and what’s legally permitted all matter significantly in achieving favorable outcomes.
How an Experienced Dallas Family Law Attorney Can Help
When facing spousal maintenance disputes, having a Dallas family law attorney who thoroughly understands both the eligibility pathways and the calculation constraints proves invaluable. Our firm’s 25 years of experience in Dallas family law has taught us that even meritorious legal positions can fail without proper factual development and strategic framing. We provide honest assessments about realistic outcomes based on current Texas precedent rather than wishful thinking, communicate transparently about what courts can and cannot do, and develop strategies that balance aggressive advocacy with realistic expectations. Whether you’re seeking maintenance support based on disability, defending against a maintenance claim, or trying to understand how maintenance might affect your overall divorce settlement, we approach these matters with both professional expertise and compassionate recognition of what you’re experiencing.
Call to Action, Get Your Dallas Divorce Attorney Consultation Today
If you’re navigating divorce in Dallas, Irving, Richardson, Garland, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Cockrell Hill, Lancaster, Seagoville, Duncanville, or the surrounding areas, understanding how spousal maintenance works is crucial to protecting your interests. Whether you’re exploring whether you might qualify for maintenance, facing a maintenance obligation, or simply trying to understand how these awards are calculated, our experienced team can provide the clarity and strategic guidance you need. Contact us today for a confidential consultation with a Dallas divorce attorney who combines detailed legal knowledge with realistic assessment of your particular situation. We’ll review your circumstances, explain your options, and discuss how our firm can help you achieve the best possible outcome. Call us or fill out our online contact form to schedule your consultation, and let’s discuss how we can help you move forward with confidence through this challenging life transition.
