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Click here for the full text of this decision FACTS:Alan Toves Hipolito and Tracy Jeanne Hipolito were married on May 30, 1995. They divorced on July 27, 2005, and the trial court ordered Alan to pay Tracy $1,000 per month for 12 months, starting in September, and then $800 for six months, starting after that. On appeal, Alan insists that the award of spousal maintenance was improper because he and Tracy were not married for more than 10 years, as required by Family Code �8.051(2). He measures their marriage as lasting from May 30, 1995 to the date they filed for divorce, prior to May 30, 2005. HOLDING:Affirmed. The court notes the language of �8.051(2) refers to the “duration” of the marriage. The dictionary definition for “duration” covers “the portion of time during which something exists.” As the marriage still existed until the time that the divorce was finalized in July 2005, the parties’ marriage had a duration of more than 10 years. “If the legislature intended to limit eligibility for spousal maintenance to only those who had been married for ten years before the date of filing the petition for divorce or those who had lived together as husband and wife for ten years or longer, it could have easily done so.” OPINION:Joseph B. Morris, J.; .; Morris, O’Neill and Mazzant, J.J.

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