Spousal Maintenance & Alimony in Texas
Texas maintenance is limited, not automatic, and requires meeting specific eligibility criteria. This guide explains who qualifies, how much is paid, how long it lasts, and how agreed maintenance works in an uncontested divorce.
court-ordered
max payment
30+ year marriages
agreed maintenance
Does Texas Have Alimony?
Texas has no traditional alimony system. Instead, Texas Family Code Chapter 8 provides for spousal maintenance — a limited, time-capped form of post-divorce support. Texas courts are directed to presume that maintenance is not appropriate and to order it only when a spouse genuinely cannot meet minimum reasonable needs through their own property and earning capacity.
There is also a second path: contractual alimony — a voluntary agreement between spouses that is not subject to the statutory caps on court-ordered maintenance. In uncontested divorces where both parties agree on support terms, contractual alimony is incorporated directly into the Final Decree.
Who Qualifies for Spousal Maintenance in Texas?
To receive court-ordered spousal maintenance, a spouse must first demonstrate they lack sufficient property to provide for their minimum reasonable needs — considering separate property, their share of community property, and earning capacity. Then they must meet at least one of these four qualifying conditions:
10-year marriage + inability to earn minimum needs. The marriage lasted at least 10 years and the spouse lacks the ability to earn sufficient income to provide for minimum reasonable needs.
Physical or mental disability. The spouse has a physical or mental disability that prevents them from earning sufficient income to meet minimum reasonable needs.
Custodial parent of disabled child. The spouse is the custodial parent of a child who requires substantial care and personal supervision due to a physical or mental disability.
Family violence. The other spouse committed an act of family violence within 2 years before the divorce was filed, or while the suit was pending.
How Much Is Spousal Maintenance in Texas?
Court-ordered spousal maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. The actual amount ordered depends on factors including:
- Both spouses' financial resources and earning capacity
- Education, employment history, and job skills
- Length of the marriage
- Age, employment history, and earning ability of the requesting spouse
- Contributions as a homemaker or to the other spouse's education/career
- Marital misconduct (adultery, cruelty) may affect the amount
- Efforts to seek employment or develop skills during the divorce proceeding
How Long Does Spousal Maintenance Last in Texas?
Texas law sets maximum maintenance durations based on the length of the marriage. Courts are directed to order the shortest maintenance period sufficient to enable the recipient to meet minimum reasonable needs:
| Marriage Length | Maximum Duration | Notes |
|---|---|---|
| Less than 10 years | Not eligible | Family violence / disability exceptions apply |
| 10–20 years | Up to 5 years | Courts typically order shorter periods |
| 20–30 years | Up to 7 years | |
| 30+ years | Up to 10 years | |
| Disability / disabled child | As long as disability persists | Subject to periodic review |
Court-Ordered Maintenance vs. Contractual Alimony
These two paths have very different rules, caps, and enforcement mechanisms:
Court-Ordered Maintenance
- Requires meeting statutory eligibility criteria
- Capped at $5,000/month or 20% of gross income
- Duration capped by marriage length
- Terminates on remarriage or cohabitation
- Enforced by contempt of court
- Can be modified on material change of circumstances
- Ordered by judge if spouses don't agree
Contractual Alimony
- Voluntary agreement — no eligibility criteria required
- No statutory cap on amount or duration
- Terms set entirely by agreement
- Termination depends on agreement terms
- Enforced as a contract
- Modification depends on agreement terms
- Incorporated into Final Decree — no hearing needed
Contractual alimony in an uncontested divorce
In an uncontested divorce where both spouses agree on support terms, contractual alimony is simply incorporated into the Final Decree of Divorce. There is no court hearing, no judge deciding the amount, and no statutory cap — just an agreed provision drafted by our attorneys and incorporated into your decree. All 2500Divorce.com flat-fee packages include agreed maintenance provisions at no extra charge.
Spousal Maintenance & Gray Divorce in Texas
For couples divorcing after long marriages — especially over 50 — spousal maintenance is more likely to be relevant. A spouse who left the workforce to raise children, supported the other spouse's career, or has limited earning capacity after decades out of the job market may qualify. The maximum 10-year maintenance period applies to marriages of 30+ years.
Late-life divorces also involve larger retirement account balances, Social Security considerations, and pension plans accumulated over decades — all of which intersect with spousal maintenance decisions. See our guide to divorce over 50 in Texas →
Termination of Spousal Maintenance in Texas
Court-ordered spousal maintenance automatically terminates on:
- The expiration of the court-ordered duration
- The death of either spouse
- The recipient spouse's remarriage
- The recipient spouse cohabitating with another person in a romantic relationship
The paying spouse must petition the court to terminate — maintenance does not automatically stop just because a terminating event occurs. Continuing to accept payments while a terminating event exists can create legal complications.
Disputed spousal maintenance — Fritz & Phillips, P.C.
If your spouse is requesting maintenance you believe is unwarranted, you're contesting the amount, or you need to enforce or modify an existing maintenance order, Fritz & Phillips, P.C. handles all contested spousal maintenance litigation throughout Southeast Texas. Call (713) 930-2500.
Questions About Spousal Maintenance in Your Divorce?
Free consultation. Agreed maintenance terms included in all flat-fee packages. Financing available.
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