When a marriage ends in divorce, one of the most frequently misunderstood topics is alimony—also known as spousal maintenance in Texas. Unlike many other states, Texas courts are generally conservative when awarding alimony, and spousal maintenance is only available in limited circumstances. This blog post will walk you through the key components of alimony in Texas as governed by the Texas Family Code, including eligibility, duration, calculation, enforcement, and more.
What is Alimony (Spousal Maintenance) in Texas?
In Texas, alimony is not a blanket entitlement. The term “alimony” is commonly used in other states to describe post-divorce payments made by one spouse to support the other. In Texas, however, the legal term is spousal maintenance, and it is governed by Chapter 8 of the Texas Family Code.
Spousal maintenance is a court-ordered financial support one spouse pays to the other after a divorce is finalized, based on need and other qualifying factors.
It is important to distinguish this from contractual alimony, which is a voluntary agreement between the spouses that can be included in the final divorce decree, regardless of eligibility under the law.
Legal Basis: Chapter 8 of the Texas Family Code
The Texas Family Code sets strict standards for who qualifies for spousal maintenance. To receive court-ordered maintenance, the requesting spouse must show that:
- They lack sufficient property (including property awarded in the divorce) to provide for their minimum reasonable needs, and
- One of the following conditions applies:
Qualifying Conditions for Spousal Maintenance:
- Ten-Year Marriage Rule: The marriage lasted 10 years or longer, and the spouse seeking maintenance lacks the ability to earn sufficient income to meet their reasonable minimum needs.
- Family Violence Exception: The paying spouse was convicted or received deferred adjudication for a criminal offense involving family violence against the spouse or their child within two years before the divorce was filed or while the divorce was pending.
- Disability of the Requesting Spouse: The spouse seeking maintenance is physically or mentally disabled to the extent that they are unable to earn sufficient income to meet their basic needs.
- Disabled Child Exception: The requesting spouse is the custodian of a child of the marriage (of any age) who requires substantial care and personal supervision due to a physical or mental disability, making it impossible for that spouse to work.
If none of these conditions apply, the court is not authorized to award spousal maintenance, no matter how large the income disparity between the spouses.
Determining the Amount and Duration of Spousal Maintenance
Once eligibility is established, the court must determine how much and for how long maintenance should be paid. This determination is guided by several statutory factors outlined in the Texas Family Code., including:
- Duration of the marriage
- Age, education, and employment history of both spouses
- Earning capacity and financial resources of each spouse
- Contributions by one spouse to the education or career of the other
- Dissipation of marital assets
- Acts of family violence
- Health and physical conditions of each spouse
- Any history of adultery or cruel treatment
Maximum Monthly Amount
The Texas Family Code caps the amount of monthly spousal maintenance a court may order:
- The lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
Gross income includes wages, salary, self-employment income, bonuses, dividends, rental income, retirement benefits, and more. It does not include income from means-tested public assistance programs, capital returns, or accounts receivable.
Duration Limits
Texas law places strict limits on how long spousal maintenance can be ordered, based on the duration of the marriage and specific grounds for maintenance:
- 5 years: If the marriage lasted less than 10 years and maintenance is ordered based on family violence; or if the marriage lasted 10–20 years.
- 7 years: If the marriage lasted 20–30 years.
- 10 years: If the marriage lasted 30 years or more.
- Indefinite: Only if the spouse seeking maintenance is disabled or caring for a disabled child.
Even in these cases, maintenance must terminate upon remarriage of the receiving spouse or the death of either party. The court may also terminate maintenance if the recipient is found to be cohabiting in a dating or romantic relationship.
Can Spouses Agree to Alimony Outside of These Rules?
Yes. Texas allows parties to contractually agree to alimony as part of a divorce settlement. This is often used in high-net-worth divorces or when parties wish to negotiate support terms without a court determination of eligibility.
Contractual alimony is treated like any other contract and can be enforced through civil remedies, but not by contempt of court unless incorporated into the divorce decree in a specific way.
Modification and Enforcement
Court-ordered spousal maintenance can be modified if the paying party can show a material and substantial change in circumstances since the original order. This may include job loss, significant change in income, health deterioration, or other life events.
To request a modification, the party must file a motion with the court. The court will not retroactively adjust unpaid amounts but can modify payments moving forward.
For enforcement, unpaid court-ordered maintenance can be collected through wage withholding, contempt of court proceedings, or even suspension of state-issued licenses.
Common Myths About Alimony in Texas
“Alimony is automatic after divorce.”
False. Texas courts do not automatically grant alimony. The requesting spouse must prove eligibility under strict legal guidelines.
“Spousal support lasts forever.”
Not usually. Most spousal maintenance awards are limited in duration and are intended to allow the receiving spouse time to become self-supporting.
“The court always grants support in long marriages.”
Not necessarily. Even in long-term marriages, maintenance is not guaranteed. The requesting spouse must still prove inability to meet their reasonable minimum needs.
Final Thoughts
Spousal maintenance in Texas is intentionally limited. The law seeks to balance support for dependent spouses with a public policy of encouraging financial independence. If you are involved in a divorce and believe you may be entitled to (or obligated to pay) spousal maintenance, it’s essential to understand the narrow legal criteria and to work with an experienced family law attorney.
Anderson Legal Group has extensive experience fighting for proper and fair administration of alimony or spousal support agreements in Texas. Contact us today to set up a free consultation to discuss your specific situation.