What Texas Courts Order for Alimony Payments

Texas has strict limits on how much alimony a court can order

Texas law caps spousal maintenance (the legal term for alimony in Texas) at the lower of two amounts: either 20 percent of the paying spouse's gross monthly income, or $5,000 per month. The actual amount a judge orders depends on the specific circumstances of your marriage, your income, and what the court finds you need to support yourself after divorce.

The cap applies only if you meet certain conditions — mainly that the marriage lasted at least 10 years, or that your spouse was convicted of or received deferred adjudication for family violence. If neither condition applies, Texas courts have no authority to order spousal maintenance at all, even if one spouse earns far more than the other.

The amount is not automatic. A judge looks at factors like your age, health, earning ability, and whether you have custody of children. Two divorces with identical incomes can result in different maintenance orders because the circumstances differ.

Key Takeaways

• Texas courts cannot order more than 20 percent of the paying spouse's gross monthly income or $5,000 per month, whichever is less.
• Spousal maintenance is only available if the marriage lasted at least 10 years, or if one spouse was convicted of or received deferred adjudication for family violence.
• The judge considers your age, health, earning ability, and custody of children when deciding the actual amount within the legal limit.
• Spousal maintenance in Texas is temporary in most cases, typically lasting no longer than the length of the marriage (up to a maximum of 10 years).

The 20 percent income cap and the $5,000 monthly ceiling

Texas Family Code Section 8.051 sets the maximum amount. If your spouse's gross monthly income is $25,000, the court could order up to $5,000 per month (20 percent of $25,000). But if your spouse's gross monthly income is $30,000, the court still cannot order more than $5,000 per month, even though 20 percent would be $6,000. The $5,000 ceiling applies regardless of income level.

Gross monthly income includes salary, wages, commissions, bonuses, self-employment income, rental income, and some investment returns. It does not include child support the paying spouse receives from another relationship, or certain disability benefits. If your spouse is self-employed or has irregular income, the court may average income over a period of time to determine the monthly amount.

The court does not have to order the maximum. A judge may order less than 20 percent or less than $5,000 if the circumstances warrant it. The cap is the ceiling, not a starting point.

When Texas courts can order spousal maintenance at all

Texas is unusual among states because it does not allow spousal maintenance in every divorce. You must meet at least one of these conditions for the court to have the power to order it:

• The marriage lasted at least 10 years, and you cannot earn enough to meet your minimum reasonable needs.
• Your spouse was convicted of or received deferred adjudication for family violence (domestic abuse, sexual assault, or abuse of a child) within two years before the divorce was filed or during the marriage.

If neither condition is met, the court has no authority to order spousal maintenance, even if one spouse earns significantly more than the other. In those cases, the higher-earning spouse may offer to pay voluntarily, and the two of you can agree to it in writing as part of the divorce settlement. A judge can enforce a written agreement, but cannot order it on their own.

Factors the judge considers when setting the amount

Once the court determines it has the power to order maintenance, the judge looks at several factors to decide how much. Texas Family Code Section 8.052 lists these:

• Your age and health.
• Your earning ability, including education and job skills.
• Your ability to work while caring for a child under 3 years old (if that applies).
• Whether you have the ability to become self-supporting within a reasonable time.
• How long the marriage lasted.
• The paying spouse's ability to pay while meeting their own needs and any child support obligation.
• Fault in the breakup of the marriage (though Texas is a "no-fault" divorce state, judges can still consider this).
• Any agreement between you and your spouse about maintenance.

A judge might order less maintenance if you have a college degree and strong job prospects, or more if you are older, in poor health, or have been out of the workforce for years. If you have young children and the judge finds you cannot work full-time while caring for them, that can support a higher maintenance order.

How long spousal maintenance lasts in Texas

Spousal maintenance in Texas is not permanent in most cases. The court sets an end date when it orders maintenance. The maximum duration depends on why maintenance was ordered:

• If the marriage lasted 10 to 20 years, maintenance can last up to 5 years.
• If the marriage lasted 20 to 30 years, maintenance can last up to 7 years and a half.
• If the marriage lasted 30 years or more, maintenance can last up to 10 years.
• If maintenance was ordered because of family violence, it can last up to 5 years.

The judge does not have to order the maximum duration. The court may order maintenance to end sooner, or may set conditions that end it earlier — for example, if you remarry or begin cohabiting with another person, maintenance typically stops.

How spousal maintenance differs from child support

Spousal maintenance and child support are separate. Child support is for the benefit of the children and is based on a different formula. You can receive both at the same time, but they are calculated independently.

Child support in Texas is based on a percentage of the paying parent's net income: 20 percent for one child, 25 percent for two children, and up to 50 percent for five or more children. There is no income cap for child support, though courts can deviate from the percentage if circumstances warrant it. Child support continues until the child turns 18 (or 19 if still in high school), not based on the length of the marriage.

Spousal maintenance is for your support as an adult, not for children. If you have custody of children and receive child support, that money is separate from any maintenance you receive for yourself.

What happens if circumstances change after the order

A spousal maintenance order is not final forever. Either spouse can ask the court to change the amount or duration if there is a significant change in circumstances — for example, if the paying spouse loses a job, receives a major raise, or if you become able to support yourself.

To change a maintenance order, you must file a motion with the court that issued the original order. You will need to show that the change in circumstances is substantial and continuing, not temporary. The court will hold a hearing and decide whether to modify the order. straightforward asking for a change is not enough; you must prove the change is real and lasting.

Maintenance orders can also end early if you remarry or begin cohabiting with another person in a romantic relationship. Some orders include this condition automatically; others do not. If your order does not mention remarriage or cohabitation, you may need to go back to court to enforce that provision if the paying spouse stops paying.

Frequently Asked Questions

Can my spouse and I agree to a different amount than what the judge would order?

Yes. You can negotiate any amount and duration you both agree to, even if it is higher than the legal limit or lower than what a judge might order. Any agreement must be in writing and signed by both of you. A judge will enforce a written agreement as long as it is not unconscionable (shockingly unfair to one side).

Does Texas count overtime or bonuses as income for the maintenance calculation?

Yes, overtime and bonuses are part of gross monthly income if they are regular and recurring. If your spouse receives a one-time bonus or occasional overtime, the court may average it over time or exclude it. The judge has discretion to decide what counts as regular income.

What if my spouse refuses to pay spousal maintenance?

You can file a motion for contempt of court. If the judge finds your spouse willfully violated the order, they can face penalties including fines or jail time. You may also ask the court to enforce the order through wage garnishment, where the maintenance is deducted directly from your spouse's paycheck.

Can I get spousal maintenance if my marriage lasted less than 10 years?

Only if your spouse was convicted of or received deferred adjudication for family violence within two years before the divorce was filed or during the marriage. Otherwise, no — the 10-year requirement applies. You can still negotiate a voluntary payment agreement with your spouse, but a judge cannot order it.

Does spousal maintenance end if I go back to school or get a better job?

Not automatically. The order stays in place until the end date set by the judge, unless you ask the court to modify it. If you become able to support yourself, your spouse can ask the court to reduce or end maintenance based on the change in your circumstances. The court will hold a hearing to decide.