Spousal Maintenance can be ordered by a Texas Court only if the spouse seeking the maintenance if the court finds that he or she lackes sufficient property (including his or her separate property) to provide for their minimum reasonalbe needs AND
the court Finds one of the following:
1. Family violence has occurred within 2 years prior to the Divorce suit being filed or has occurred while the Divorce was pending; OR
2. One of the following applies to the spouse seeking maintenance:
a. He or she has the inability to earn sufficient income to provide for his or her minimum reasonable needs because of an incapacitating physical or mental disability; OR
b. He or she has been married to the other spouse for a minumum of 10 years and he or she lacks the inability to earn sufficient income to provide for his or her minimum reasonable needs; OR
c. He or she is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of physical or mental disability that prevents he or she from earning sufficient income to provide for his or her minimum reasonable needs.