Texas Family Law Resource
Spousal Maintenance in Texas — Who Qualifies, How Much, and How Long
Texas has some of the most restrictive spousal maintenance laws in the country. Unlike many states, Texas does not award alimony freely — eligibility requires meeting specific statutory criteria, and the amounts and durations are tightly capped. This guide explains exactly what Texas law provides and what it does not.
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- What Is Spousal Maintenance in Texas?
- Contractual Alimony vs. Court-Ordered Maintenance
- Who Qualifies for Court-Ordered Maintenance?
- Proving Inability to Provide for Minimum Needs
- How Much Can Be Awarded?
- How Long Does Maintenance Last?
- Factors Courts Consider
- When Does Maintenance End?
- Modifying Maintenance
- Does Fault Affect Maintenance?
What Is Spousal Maintenance in Texas?
Spousal maintenance — what most people call alimony — is periodic payments from one spouse to the other following divorce. Texas uses the term “spousal maintenance” for court-ordered payments and distinguishes it from “contractual alimony,” which is alimony agreed to by the parties in a settlement.
Texas is widely considered one of the most difficult states in the country in which to obtain spousal maintenance. The eligibility requirements are strict, the amounts are capped, and the maximum duration is limited. A spouse expecting Texas courts to award generous long-term alimony the way some other states do is likely to be disappointed.
Contractual Alimony Is Different and More Flexible
The statutory limits on court-ordered maintenance do not apply to alimony the parties agree to in a settlement or mediated agreement. Spouses who want more generous or longer-term support arrangements than Texas law would otherwise allow can negotiate those terms by agreement. This is one reason experienced negotiation matters in Texas divorce — the agreed outcome can be far better than what a court would order.
Who Qualifies for Court-Ordered Maintenance?
To receive court-ordered spousal maintenance in Texas, a spouse must meet a two-part test (Tex. Fam. Code §8.051):
Part 1 — Inability to provide for minimum reasonable needs: The requesting spouse must lack sufficient property to provide for their minimum reasonable needs.
Part 2 — One of the following qualifying grounds:
| Qualifying Ground | Requirements |
|---|---|
| Family violence | The paying spouse was convicted of or received deferred adjudication for family violence against the requesting spouse or their child within 2 years of the divorce filing or during the divorce |
| Long marriage + inability to earn | Marriage lasted 10+ years AND the requesting spouse lacks earning ability to provide for minimum reasonable needs |
| Incapacitating disability | The requesting spouse has a physical or mental disability that prevents them from earning sufficient income |
| Custodial parent of disabled child | The requesting spouse is the primary custodian of a child of the marriage who requires substantial care due to a physical or mental disability, preventing the spouse from earning sufficient income |
Both Part 1 and one of the Part 2 grounds must be established. Meeting only one part is not sufficient.
How Much Can Be Awarded?
Texas caps court-ordered spousal maintenance at the lesser of (Tex. Fam. Code §8.055):
- $5,000 per month, OR
- 20% of the paying spouse’s average monthly gross income
For example: if the paying spouse earns $10,000/month gross, maintenance is capped at $2,000/month (20%). If they earn $30,000/month, maintenance is capped at $5,000/month (the dollar cap kicks in). The 20% cap frequently makes Texas maintenance quite modest compared to other states.
How Long Does Maintenance Last?
| Qualifying Ground | Maximum Duration |
|---|---|
| Family violence | 5 years |
| Marriage 10–20 years | 5 years |
| Marriage 20–30 years | 7 years |
| Marriage 30+ years | 10 years |
| Disability (spouse or child) | As long as the qualifying disability continues |
The court is directed to award the shortest duration and least amount of maintenance necessary for the recipient spouse to achieve financial independence — not the maximum allowed. Courts actively look for evidence that the recipient spouse is making reasonable efforts toward self-support.
Factors Courts Consider
When determining the amount and duration of maintenance, courts consider (Tex. Fam. Code §8.052):
- Each spouse’s financial resources and earning capacity
- Education and employment skills of both spouses
- Length of the marriage
- Age, employment history, earning ability, and physical and emotional condition of the requesting spouse
- Child care responsibilities and their effect on the requesting spouse’s earning ability
- Whether either spouse contributed to the education or career advancement of the other
- Property brought to the marriage by either spouse
- Excessive or abnormal spending, destruction of community assets, fraud on the community
- Comparative financial resources of each spouse
- Whether the requesting spouse sought job training or education during the marriage
- History of family violence
- Any other relevant factor
When Does Maintenance End?
Texas law requires termination of spousal maintenance upon (Tex. Fam. Code §8.056):
- Death of either party
- Remarriage of the receiving spouse
- The date specified in the court order
- A finding that the receiving spouse is cohabitating with another person in a romantic relationship — courts can reduce or terminate maintenance
Cohabitation Can End Maintenance
If you are receiving spousal maintenance and begin living with a romantic partner, the paying spouse can petition the court to reduce or terminate the maintenance obligation. If you are paying maintenance and believe your former spouse is cohabitating, document it carefully and discuss with your attorney.
Central Texas Family Law
Whether you’re seeking maintenance or defending against it — let’s talk strategy.
Carl Knickerbocker Law handles spousal maintenance issues throughout Round Rock, Georgetown, and Williamson County. Free consultation.
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