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H.B. No. 201
AN ACT
relating to the eligibility of a spouse for spousal maintenance in a
suit for dissolution of a marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.051, Family Code, is amended to read as
follows:
Sec. 8.051. ELIGIBILITY FOR MAINTENANCE; COURT ORDER. 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:
(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 under Title
4 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 duration of the marriage was 10 years or
longer, the spouse seeking maintenance lacks sufficient property,
including property distributed to the spouse under this code, to
provide for the spouse's minimum reasonable needs, as limited by
Section 8.054, and the spouse seeking maintenance:
(A) is unable to support himself or herself
through appropriate employment because of an incapacitating
physical or mental disability;
(B) is the custodian of a child of the marriage of
any age who requires substantial care and personal supervision
because a physical or mental disability makes it necessary, taking
into consideration the needs of the child, that the spouse not be
employed outside the home; or
(C) clearly lacks earning ability in the labor
market adequate to provide support for the spouse's minimum
reasonable needs, as limited by Section 8.054.
SECTION 2. Section 8.053, Family Code, is amended to read as
follows:
Sec. 8.053. PRESUMPTION. (a) Except as provided by
Subsection (b), it is presumed that maintenance under Section
8.051(2) is not warranted unless the spouse seeking maintenance has
exercised diligence in:
(1) seeking suitable employment; or
(2) developing the necessary skills to become
self-supporting during a period of separation and during the time
the suit for dissolution of the marriage is pending.
(b) This section does not apply to a spouse who is not able
to satisfy the presumption in Subsection (a) because the spouse:
(1) has [of] an incapacitating physical or mental
disability; or
(2) is the custodian of a child of the marriage of any
age who requires substantial care and personal supervision because
a physical or mental disability makes it necessary, taking into
consideration the needs of the child, that the spouse not be
employed outside the home.
SECTION 3. Section 8.054(b), Family Code, is amended to
read as follows:
(b) If a spouse seeking maintenance is unable to support
himself or herself through appropriate employment because the
spouse has [of] an incapacitating physical or mental disability or
because the spouse is the custodian of a child of the marriage of
any age who has a physical or mental disability, the court may order
maintenance [for an indefinite period] for as long as the
disability continues. The court may order periodic review of its
order, on the request of either party or on its own motion, to
determine whether the disability continues to render the spouse
unable to support himself or herself through appropriate employment
[is continuing]. The continuation of spousal maintenance under
these circumstances is subject to a motion to modify as provided by
Section 8.057.
SECTION 4. (a) The changes in law made by this Act apply
only to a suit for dissolution of marriage or a proceeding for
maintenance that was commenced on or after September 1, 2005. A
suit for dissolution of marriage or a proceeding for maintenance
that was commenced before that date is governed by the law in effect
on the date on which the suit or proceeding was commenced, and the
former law is continued in effect for that purpose.
(b) The enactment of this Act does not by itself constitute
a material and substantial change in circumstances sufficient under
Section 8.057, Family Code, to warrant modification of a spousal
maintenance order rendered before September 1, 2005.
SECTION 5. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 201 was passed by the House on April
14, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 201 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor