Rama Steven Douglas v. Marlindy Louise Douglas

Summary

The Seventh Court of Appeals of Texas reversed an award of $3,500 per month in spousal maintenance to Marlindy Louise Douglas and rendered judgment that she take nothing on that claim. The court held that the evidence was legally insufficient to show that Marlindy exercised due diligence to earn sufficient income to meet her minimum reasonable needs or otherwise rebut the statutory presumption against maintenance. The remainder of the divorce decree was affirmed.

Holdings

1. The evidence was legally insufficient to support the implied finding that Marlindy lacked the ability to earn sufficient income to provide for her minimum reasonable needs under Texas Family Code section 8.051(2)(B).
2. The trial court abused its discretion because it lacked sufficient evidence on which to exercise its discretion and therefore erred in awarding $3,500 per month in spousal maintenance.

Questions Presented

1. Whether the trial court abused its discretion by awarding Marlindy Louise Douglas spousal maintenance when the evidence was legally insufficient to show that she lacked the ability to earn sufficient income to provide for her minimum reasonable needs.
2. Whether Marlindy rebutted the statutory presumption against spousal maintenance by exercising due diligence in earning sufficient income or developing necessary skills to meet her minimum reasonable needs.

Disposition

reversed