Alimony in Texas works differently than in most states and can be tough to obtain depending on your situation. In fact, Texas law doesn’t use the word alimony for court-ordered support; it calls it spousal maintenance instead. And spousal maintenance is available only when a spouse meets strict requirements under Chapter 8 of the Texas Family Code.
We built this guide to explain how alimony/spousal maintenance works in Texas, because we know this subject causes a lot of anxiety and impacts your ability to rebuild your life. If you are facing divorce and worried about supporting yourself afterward, or you’re concerned about what you may be ordered to pay your ex-spouse, we’re glad you found this page.
In Alimony in Texas, here is what we'll cover:
- What is the difference between spousal maintenance and contractual alimony?
- Who qualifies for spousal maintenance in Texas?
- How much alimony can a Texas court order, and for how long?
- How does spousal maintenance end or change?
- Why does legal help matter so much with alimony cases?
What is the difference between spousal maintenance and contractual alimony?
Texas recognizes two different things that people often call alimony: spousal maintenance and contractual alimony.
- Spousal maintenance is support that a court orders under Chapter 8 of the Texas Family Code, and is subject to strict eligibility rules and caps on amount and duration.
- Contractual alimony is support spouses agree to themselves, usually as part of a negotiated settlement. Because it is a private agreement rather than a court-imposed order, it can exceed the statutory caps and last longer than a court could require.
In an amicable, uncontested divorce, the best spousal support outcomes are typically negotiated, not ordered by a judge. An alimony attorney can help you reach a fair settlement that keeps both parties moving forward.
Who qualifies for spousal maintenance in Texas?
Texas starts from a presumption against maintenance, so eligibility is quite narrow. Under Texas Family Code section 8.051, a spouse must first show that they lack sufficient property, including what they receive when property is divided, to provide for their minimum reasonable needs.
Additionally, the spouse must also fit into one of these categories:
- The paying spouse was convicted of or received deferred adjudication for family violence against the other spouse or their child within two years before the divorce was filed, or while it was pending.
- The spouse seeking support cannot earn enough to meet their minimum reasonable needs because of an incapacitating physical or mental disability.
- The marriage lasted 10 years or longer, and the spouse seeking support cannot earn enough to meet their minimum reasonable needs.
- The spouse seeking support cares for a child of the marriage, of any age, whose physical or mental disability prevents that spouse from earning enough income.
An important note: The family violence, disability, and disabled-child grounds do not require a 10-year marriage, so a shorter marriage can still qualify.
How much alimony can a Texas court order, and for how long?
Texas caps both the amount and the duration of spousal maintenance.
Alimony in Texas Amount
Under Texas Family Code section 8.055, a court cannot order more than the lesser of two numbers: $5,000 per month, or 20% of the paying spouse's average monthly gross income. Above $25,000 a month in gross income*, the $5,000 ceiling applies; below that, the 20% figure sets the limit. Reaching the $5,000 cap is not all that common, so here is a more likely scenario:
- Paying Spouse earns $12,000 per month
- The spousal support ceiling (the most that can be ordered) is 20%, or $2,400 per month
- The judge is not obligated to order the full $2,400. 20% is the ceiling, not a guarantee.
*Under section 8.055, gross income includes wages, salary, overtime, commissions, tips, and bonuses, plus income from sources like self-employment, interest and dividends, rental income, retirement and pension benefits, Social Security, annuities, capital gains, and gifts and prizes.
Alimony in Texas Duration
Under Texas Family Code section 8.054, support duration is tied to how long you were married:
- 5 years of support: If the marriage lasted under 10 years and eligibility is based on family violence, or if the marriage lasted at least 10 years but not more than 20 years.
- 7 years of support: If the marriage lasted at least 20 years but not more than 30 years.
- 10 years of support: If the marriage lasted 30 years or more.
- A marriage that lasted under 10 years is not eligible based on marriage length alone, but it can still qualify through family violence, disability, or care of a disabled child.
Even within these limits, courts often keep support as short as reasonably possible, just long enough for the receiving spouse to achieve financial stability. The exception is when support is based on a disability, either the spouse's or a child's, in which case it can last as long as that situation does.
How does spousal maintenance end or change?
Ending Spousal Maintenance
Under Texas Family Code section 8.056, the duty to pay future maintenance ends if either spouse dies or the receiving spouse remarries. It can also end if a court finds that the receiving spouse is cohabiting with a romantic partner in a permanent, ongoing relationship. Ending the obligation, however, does not erase payments that were already due.
Changing Spousal Maintenance
Court-ordered maintenance can also be modified. If the paying or receiving spouse's circumstances change materially and substantially, either party can ask the court to adjust the amount. A modified order can never exceed the original statutory limits, meaning $5,000 remains the cap regardless of the paying spouse’s new gross monthly income.
Why does legal help matter so much with alimony in Texas cases?
Few areas of Texas divorce law rely on the specifics of your situation as much as spousal maintenance does. A small difference in how income is characterized can significantly change the amount, and choosing between court-ordered maintenance and negotiated contractual alimony can shape your finances for years.
If spousal support is part of your divorce in Texas, whether you expect to receive it or to pay it, talking with an alimony attorney can protect your financial future. The team at Ballard & Fleetwood, PLLC, can help you understand where you stand and build a strategy around your situation.
References
- Texas Family Code Chapter 8, Maintenance. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
- Texas Family Code section 8.051, Eligibility for Maintenance. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
- Texas Family Code section 8.054, Duration of Maintenance Order. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
- Texas Family Code section 8.055, Amount of Maintenance. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
- Texas Family Code section 8.056, Termination. Texas Statutes, Texas Legislature. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm
Disclaimer: This page, Alimony in Texas: Spousal Maintenance Rules Explained, and all of its contents, including any sources cited, are for informational purposes only and not for the purpose of providing legal advice. Use of and access to this article or any of the links contained within the article do not create an attorney-client relationship between the author and the user or browser. You should contact your attorney to obtain advice with respect to any particular issue or problem.