AI-assisted research summary: Courts must limit maintenance orders to set time limits and the shortest reasonable period, with an exception for certain spouses under Section 8.051(2)(A) or (C).
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.