Spousal Support

Texas Alimony: Are You Entitled to Spousal Support?

Texas courts can order spousal maintenance (the legal term for alimony in Texas), but only if you meet specific requirements under Texas Family Code Chapter 8. You must prove you lack enough property or income to meet basic needs AND satisfy at least one qualifying condition: a marriage of 10+ years, a disability, caring for a disabled child, or domestic violence by your spouse within two years of filing.

Unlike most states, Texas limits spousal support to a maximum of $5,000 per month or 20% of the paying spouse’s gross income, whichever is less. Courts also cap how long payments last based on your marriage length. Understanding these strict limits is essential before entering divorce negotiations.

Who Qualifies for Spousal Maintenance in Texas?

Texas Family Code Section 8.051 sets two requirements you must meet. First, you must show you don’t have enough property (including your share of marital assets) to provide for your minimum reasonable needs. Second, you must fit into one of four categories.

The 10-year marriage rule. If you were married at least 10 years and cannot earn enough income to meet your basic needs, you may qualify. The court will examine why you can’t support yourself. Factors include your education, job skills, work history, and the job market in your area.

Disability. If you have a physical or mental disability that prevents you from earning enough to cover basic expenses, you may qualify regardless of marriage length.

Caring for a disabled child. If you have custody of a child from the marriage who requires substantial care due to a physical or mental disability, and that caregiving prevents you from working, you may qualify.

Family violence. If your spouse was convicted of or received deferred adjudication for domestic violence within two years before the divorce was filed (or while the divorce is pending), you may qualify for maintenance even without meeting other requirements.

How Much Spousal Support Can You Receive in Texas?

Texas caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. This statutory cap under Section 8.055 applies regardless of your financial need or your spouse’s wealth.

For example, if your spouse earns $15,000 per month gross, the maximum maintenance would be $3,000 (20% of gross income). If your spouse earns $30,000 monthly, the cap is $5,000, not $6,000.

Courts don’t automatically award the maximum. They consider what you actually need to cover basic expenses like housing, food, transportation, and healthcare after the divorce.

How Long Does Spousal Maintenance Last?

Texas law limits the duration of spousal support based on your marriage length and circumstances. Under Section 8.054, the maximum periods are:

These are maximums, not guarantees. Courts order the shortest duration needed for you to become self-supporting. If you can complete job training in two years, expect maintenance for two years, not five.

What Factors Determine Spousal Maintenance Awards?

When deciding whether to award maintenance (and for how much and how long), Texas courts must consider 11 factors listed in Section 8.052. Understanding these factors helps you build a stronger case.

Financial resources. The court examines what property each spouse will have after the divorce and whether that property generates income.

Education and job skills. If you left the workforce to raise children or support your spouse’s career, the court considers how long it would take you to get the education or training needed for employment.

Marriage length. Longer marriages generally support longer maintenance periods. A 25-year marriage where one spouse never worked carries more weight than a 12-year marriage where both spouses worked.

Age and health. Older spouses and those with health problems face greater challenges finding employment. Courts factor this into both amount and duration.

Contribution to the other spouse’s earning potential. If you worked to put your spouse through medical school or law school, the court considers your contribution to their current income.

Homemaker contributions. Courts recognize that managing a household and raising children has economic value, even though it doesn’t generate income.

Marital misconduct. Adultery, cruelty, and other misconduct can influence maintenance decisions, though Texas courts focus more on financial factors.

Domestic violence history. Any history of family violence weighs heavily in maintenance determinations.

Can You Modify Spousal Maintenance After Divorce?

Yes, but only if circumstances have materially and substantially changed since the original order. Under Section 8.057, either spouse can file a motion to modify in the court that issued the original order.

Common reasons for modification include job loss, significant income changes, serious illness, or the receiving spouse becoming self-supporting sooner than expected. The paying spouse’s remarriage alone doesn’t end the obligation, but the receiving spouse’s remarriage or cohabitation typically does.

Important: modifications only affect future payments. You cannot recover or reduce payments that accrued before you filed the motion. If your circumstances change, file for modification immediately.

Also note: if you develop an illness or disability after the divorce that prevents you from working, you cannot use that to obtain spousal maintenance if you weren’t awarded it originally. The qualifying disability must exist at the time of divorce.

Spousal Maintenance vs. Contractual Alimony in Texas

Texas recognizes two types of post-divorce support. Court-ordered spousal maintenance follows the strict rules above. Contractual alimony is different.

Contractual alimony is an agreement between spouses, often part of a divorce settlement or prenuptial agreement. It isn’t bound by the $5,000 cap or duration limits. Spouses can agree to any amount for any length of time.

The tradeoff: contractual alimony is harder to modify or terminate. If you agree to pay $8,000 monthly for 15 years, you’re generally bound by that agreement even if your income drops. Courts treat these agreements as contracts, not support orders.

If you have a prenuptial or postnuptial agreement addressing spousal support, those terms typically control unless the agreement is found unenforceable.

Frequently Asked Questions About Texas Alimony

Is alimony guaranteed in Texas divorces?

No. Texas is one of the strictest states for spousal maintenance. You must prove financial need AND meet specific eligibility requirements. Many divorcing spouses don’t qualify, even after long marriages.

Can men receive spousal maintenance in Texas?

Yes. Texas law is gender-neutral. Any spouse who meets the eligibility requirements can receive maintenance, regardless of gender.

Does adultery affect spousal maintenance in Texas?

It can. Marital misconduct is one factor courts consider. However, adultery alone won’t disqualify someone from receiving maintenance or guarantee an award to the faithful spouse. Financial factors carry more weight.

What happens if my spouse refuses to pay court-ordered maintenance?

You can file a motion for enforcement. The court can hold the non-paying spouse in contempt, which can result in fines or jail time. The court can also order wage withholding directly from your spouse’s employer.

Can I waive my right to spousal maintenance?

Yes, through a prenuptial or postnuptial agreement. However, courts may not enforce a waiver if it would leave one spouse unable to meet basic needs. Consult a family law attorney before signing any waiver.

Protect Your Financial Future During Divorce

Whether you’re seeking spousal maintenance or facing a claim from your spouse, the stakes are significant. A maintenance order can mean tens of thousands of dollars over several years.

At Varghese Summersett, our board-certified family law attorneys have helped clients across Fort Worth, Dallas, Houston, and Southlake navigate complex spousal support issues. We understand the financial realities of divorce and fight to protect your interests.

If you’re considering divorce or have been served with papers, call 817-900-3220 today for a free consultation. We’ll review your situation, explain your options, and help you understand what to expect.