Tex. Fam. Code Section 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 (Eligibility for Maintenance)(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 (Eligibility for Maintenance)(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 (Modification of Maintenance Order).
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.

Source: Section 8.054 — Duration of Maintenance Order, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­8.­htm#8.­054 (accessed Apr. 13, 2024).

8.001
Definitions
8.051
Eligibility for Maintenance
8.052
Factors in Determining Maintenance
8.053
Presumption
8.054
Duration of Maintenance Order
8.055
Amount of Maintenance
8.056
Termination
8.057
Modification of Maintenance Order
8.058
Maintenance Arrearages
8.059
Enforcement of Maintenance Order
8.060
Putative Spouse
8.061
Unmarried Cohabitants
8.062
Place of Payment
8.101
Income Withholding
8.102
Withholding for Arrearages in Addition to Current Spousal Maintenance
8.103
Withholding for Arrearages When Current Maintenance Is Not Due
8.104
Withholding to Satisfy Judgment for Arrearages
8.105
Priority of Withholding
8.106
Maximum Amount Withheld from Earnings
8.107
Order or Writ Binding on Employer Doing Business in This State
8.108
Voluntary Writ of Withholding by Obligor
8.151
Time Limit
8.152
Contents of Order of Withholding
8.153
Request for Issuance of Order or Writ of Withholding
8.154
Issuance and Delivery of Order or Writ of Withholding
8.201
Order or Writ Binding on Employer
8.202
Effective Date and Duration of Income Withholding
8.203
Remitting Withheld Payments
8.204
Employer May Deduct Fee from Earnings
8.205
Hearing Requested by Employer
8.206
Liability and Obligation of Employer for Payments
8.207
Employer Receiving Multiple Orders or Writs
8.208
Employer’s Liability for Discriminatory Hiring or Discharge
8.209
Penalty for Noncompliance
8.210
Notice of Termination of Employment and of New Employment
8.251
Notice of Application for Writ of Withholding
8.252
Contents of Notice of Application for Writ of Withholding
8.253
Interstate Request for Withholding
8.254
Additional Arrearages
8.255
Delivery of Notice of Application for Writ of Withholding
8.256
Motion to Stay Issuance of Writ of Withholding
8.257
Effect of Filing Motion to Stay
8.258
Hearing on Motion to Stay
8.259
Special Exceptions
8.260
Writ of Withholding After Arrearages Are Paid
8.261
Request for Issuance and Delivery of Writ of Withholding
8.262
Issuance and Delivery of Writ of Withholding
8.263
Contents of Writ of Withholding
8.264
Extension of Repayment Schedule by Party
8.265
Remittance of Amount to Be Withheld
8.266
Failure to Receive Notice of Application for Writ of Withholding
8.267
Issuance and Delivery of Writ of Withholding to Subsequent Employer
8.301
Agreement by Parties Regarding Amount or Duration of Withholding
8.302
Modifications to or Termination of Withholding in Voluntary Withholding Cases
8.303
Termination of Withholding in Mandatory Withholding Cases
8.304
Delivery of Order of Reduction or Termination of Withholding
8.305
Liability of Employers
8.351
Jurisdiction for Qualified Domestic Relations Order
8.352
Procedure
8.353
Temporary Orders
8.354
Defective Prior Domestic Relations Order
8.355
Amendment of Qualified Domestic Relations Order
8.356
Liberal Construction
8.357
Attorney’s Fees and Costs
8.358
Direct Payment
8.359
Conflicts with Other Law
8.0591
Overpayment

Accessed:
Apr. 13, 2024

§ 8.054’s source at texas​.gov