Texas House Bill HB901

Texas 2011 - 82nd Regular

• Introduced: 1/26/11
• Out of House Committee: 4/12/11
• Voted on by House: 4/27/11
• Refer: 2/24/11
• Out of Senate Committee: 5/12/11
• Report Pass: 4/6/11
• Voted on by Senate: 5/18/11
• Engrossed: 4/27/11
• Governor Action: 6/17/11
• Refer: 5/2/11
• Report Pass: 5/12/11
• Enrolled: 5/20/11
• Passed: 6/17/11

Caption

Relating to spousal maintenance.

Impact

One of the key impacts of HB901 is its focus on establishing clear criteria for when spousal maintenance is warranted. It modifies existing laws to emphasize the importance of a spouse's ability to earn a living, and the length of the marriage in determining maintenance duration. The changes are intended to create a more standardized approach to maintenance orders across the Texas courts, thereby impacting how divorce proceedings are handled and potentially changing the financial outcomes for many couples dissolving their marriages.

Summary

House Bill 901 aims to amend specific provisions of the Texas Family Code concerning spousal maintenance. The bill seeks to clarify the eligibility for maintenance, especially in cases involving acts of family violence. It states that maintenance can be ordered if one spouse has been convicted of or received deferred adjudication for a crime constituting family violence against the other spouse or their child during marriage. Additionally, the bill outlines the criteria under which a court may determine that a spouse lacks sufficient property to meet their minimum reasonable needs post-divorce.

Contention

During the legislative process, there were notable discussions surrounding the bill. Critics raised concerns about the potential complexity it introduces regarding the enforcement of maintenance orders. Additionally, the provisions relating to overpayment recovery and the scenarios under which maintenance can be extended faced scrutiny. The debate highlighted tensions between proponents who advocate for stricter guidelines on spousal maintenance and opponents who fear that these guidelines could adversely affect individuals in vulnerable situations, particularly those recovering from abusive relationships or those with children requiring care.