Spousal maintenance in Texas (also called “spousal support” or “alimony” in other states) is a court-ordered payment from one spouse to another after a divorce. It’s meant to provide financial assistance to a spouse who lacks the ability to meet basic needs after the marriage ends.
However, Texas has stricter rules than many states. Spousal maintenance is not automatic and is only granted under certain legal conditions.
Here’s a clear breakdown of how spousal support works in Texas, including specifics about spousal maintenance:
💡 What Is Spousal Maintenance?
Spousal maintenance is court-ordered financial support from one spouse to the other after divorce. It is meant to help the lower-earning or dependent spouse meet basic needs while becoming self-supporting.
✅ It is separate from temporary support (which may be ordered during the divorce process).
✅ Who Qualifies for Spousal Maintenance in Texas?
The court will only award spousal maintenance if the spouse seeking support lacks sufficient property to meet their basic needs and meets one of these conditions, generally determining eligibility for spousal maintenance in Texas based on several criteria. Texas Family Code 8.051
When deciding whether to award spousal maintenance, Texas courts review many factors, including:
1. 10+ Year Marriage
- The marriage lasted at least 10 years, and
- The requesting spouse can’t earn enough to meet their reasonable needs, and
- They are actively trying to become self-supporting.
2. Family Violence
- The paying spouse was convicted of (or received deferred adjudication for) family violence:
- Against the other spouse or child, within 2 years before the divorce was filed or during the case.
3. Disability of the Spouse
- The requesting spouse has a physical or mental disability that prevents them from earning sufficient income and necessitates spousal maintenance in Texas.
4. Child with Special Needs
- The spouse is custodian of a child of the marriage who requires substantial care due to a disability, which makes it difficult or impossible for the spouse to work.
🔹 Spousal Maintenance FAQ’s
Texas has strict limits that apply to spousal maintenance:
➢ Maximum amount:
➢ Lesser of $5,000/month or 20% of the paying spouse’s average monthly gross income is awarded for spousal maintenance in Texas.
The court will limit the duration to the shortest reasonable time needed for the recipient to become self-supporting — unless a disability or child-care issue justifies longer support through spousal maintenance. Texas Family Code 8.054
| Marriage Length | Maximum Duration |
| Less than 10 years (with family violence) | 5 years |
| 10–20 years | 5 years |
| 20–30 years | 7 years |
| 30+ years | 10 years |
| Spouse’s or child’s disability | Indefinite (until the condition changes) |
📌 Important Notes
- Texas favors lump-sum property division over ongoing support.
- Courts can modify support if circumstances change significantly.
- If the receiving spouse remarries or cohabits, maintenance typically ends.
- Enforcement of spousal maintenance in Texas is strict — court-ordered maintenance can be enforced by contempt of court, unlike informal arrangements.
🛠️ Alternatives: Contractual Alimony
Sometimes, spouses agree to “contractual alimony” as part of the divorce settlement. This is an alternative to traditional spousal maintenance:
- Not court-ordered spousal maintenance
- Based on a private agreement (often in exchange for giving up other rights)
- Enforced like a contract, not through contempt of court
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