How to Get Alimony in Texas: The Five Legal Grounds and What You Must Prove

Texas courts can order one spouse to pay the other spousal support, but only under specific circumstances and usually for a limited time

Texas law calls spousal support alimony, and it is not automatic in a divorce. A judge will only order it if you meet one of a few narrow conditions — you cannot straightforward ask for it because you earn less or because the marriage lasted a long time. The most common path is proving you cannot support yourself because you lack job skills, have custody of a child under three, or have a disability. You must also show your ex-spouse has the ability to pay. Even when you may have access to, Texas courts typically award alimony for a set period (usually two to five years), not indefinitely.

The process starts when you file your divorce petition or response. You must state which legal ground you are relying on at that time — waiting until trial to mention alimony can cost you the right to ask for it. Once you have named a ground, the judge will look at your actual expenses, your income, and your ex-spouse's income to decide whether to award it and how much.

Key Takeaways

• Texas alimony requires you to meet one of five legal grounds: inability to work due to age, health, or disability; lack of job skills; custody of a child under three; history of family violence; or your ex-spouse's criminal conviction for a family violence offense.
• You must prove you cannot meet your minimum reasonable needs through your own income, property, or child support, and your ex-spouse must have the income to pay.
• The maximum alimony award is the lesser of $5,250 per month or 20 percent of your ex-spouse's average monthly gross income, and it typically lasts two to five years.
• You request alimony in your divorce petition or response, and the judge decides at trial whether you have shown the legal grounds and financial need.
• If your ex-spouse later loses income or you gain employment, either of you can ask the court to modify or end the alimony order.

The five legal grounds for alimony in Texas

You cannot receive alimony straightforward because you earn less than your ex-spouse or because the marriage was long. Texas law lists exactly five situations in which a judge can order it. The first is that you lack the ability to earn sufficient income to meet your minimum reasonable needs due to age, health condition, or disability. This does not mean you are unemployed — it means a court finds you cannot work enough hours or in a job that pays enough to cover basic living expenses.

The second ground is that you lack job skills and education to earn sufficient income. This often applies to someone who left the workforce to raise children or support the other spouse's career. The third is that you have custody of a child under age three and cannot work because of that responsibility. The fourth is that you or your child suffered family violence committed by your ex-spouse within two years before the divorce was filed. The fifth is that your ex-spouse was convicted of or received deferred adjudication for a family violence offense against you or your child.

You must state which ground you are relying on when you file for divorce or respond to your ex-spouse's petition. If you do not mention it early, you may lose the right to argue it later. Many people overlook this step and then cannot recover alimony even though they would have may have access to. Your attorney or the court clerk can help you include the correct language in your initial filing.

What the court looks at to decide the amount

Once you have shown you meet one of the five grounds, the court looks at your actual financial need and your ex-spouse's ability to pay. You will need to show your monthly expenses — rent, utilities, food, transportation, insurance, childcare, and medical costs. The court calls this your "minimum reasonable needs." You must also show what income you have from work, investments, or child support, and subtract that from your needs. The gap is what alimony might cover.

Your ex-spouse's income is equally important. The court looks at their gross monthly income from all sources: wages, self-employment, bonuses, rental income, and investment returns. If they have no income or very low income, they cannot be ordered to pay alimony even if you may have access to. The judge also considers whether your ex-spouse is intentionally underemployed — for example, quitting a job to avoid paying support — and may use their earning capacity instead of their current income.

Texas law caps alimony at the lesser of $5,250 per month or 20 percent of your ex-spouse's average monthly gross income. So if your ex-spouse earns $10,000 per month, the maximum you could receive is $2,000 per month (20 percent), not the full $5,250. The actual award will be less if your need is lower or if the judge finds a lower amount is fair given the length of the marriage and other factors.

How long alimony lasts in Texas

Texas does not award permanent alimony except in rare cases. The standard duration depends on how long you were married. If the marriage lasted fewer than 10 years, alimony typically lasts up to five years. If you were married 10 to 20 years, it usually lasts up to seven years. If you were married more than 20 years, it can last up to 10 years. The judge has discretion within these ranges and can award less time if they believe you will become self-supporting sooner.

Permanent alimony is only available if you are unable to work due to a disability or health condition that is unlikely to improve, or if you are caring for a child with a disability. Even then, the court must find it is just and right given all the circumstances. Most people who receive alimony in Texas see it end within five years, so plan for that timeline when you are thinking about your financial future.

How to request alimony in your divorce case

You request alimony by including it in your original divorce petition if you are filing, or in your response if your ex-spouse filed first. Your petition or response must state which of the five legal grounds you meet and describe your financial situation. You do not need to prove everything at this stage — you are straightforward putting the court on notice that you are asking for it. The Texas Family Code Section 8.051 lists the grounds, and your filing should reference the one that applies to you.

At trial, you will present evidence of your need and your ex-spouse's income. Bring documents: pay stubs, tax returns, bank statements, a list of monthly expenses, medical records if you are claiming a disability, and proof of any family violence. Your ex-spouse will have the chance to dispute your numbers and argue they cannot afford to pay or that you do not meet the legal grounds. The judge will decide based on what you both present.

If you and your ex-spouse agree on alimony, you can include it in a settlement agreement and ask the judge to approve it. This is faster and gives you more control over the terms than leaving it to a judge to decide. Many people negotiate alimony as part of a broader settlement that also covers property division and child support. A written agreement protects both of you and makes enforcement clearer if a payment is missed.

Modifying or ending alimony after the divorce

Alimony orders are not final forever. Either you or your ex-spouse can ask the court to change the amount or end it early if there has been a significant change in circumstances. Common reasons include your ex-spouse losing a job, you finding full-time work, or your health improving. You must file a motion to modify and show the court what has changed since the original order. The change must be substantial — a small raise or minor expense increase usually will not be enough.

Alimony also ends automatically on the date the order specifies, when you remarry, or when either of you dies. If your ex-spouse stops paying before the end date, you can file a motion for enforcement and ask the court to hold them in contempt, which can result in fines or jail time. Keep records of all payments and non-payments in case you need to prove non-compliance to a judge. Some people set up automatic bank transfers or use the state's payment processing system to create a clear record.

Common mistakes that cost people alimony

The biggest mistake is not mentioning alimony in your initial divorce filing or response. Texas courts are strict about this — if you do not ask for it early, you may not be able to ask for it later, even if you would have may have access to. File your petition or response carefully and include alimony if there is any chance you will need it. If you are unsure, it is safer to ask for it and let the judge decide than to miss the important date.

Another mistake is failing to document your financial need. Bring receipts, bills, and bank statements to court. Vague estimates of what you spend will not persuade a judge. Similarly, do not overstate your ex-spouse's income or understate your own. The court will verify income through tax returns and employer records, and exaggerating will damage your credibility and may result in the judge denying your request entirely.

Some people also assume that a long marriage or a large income gap guarantees alimony. It does not. You must fit one of the five legal grounds. If you do not, no amount of need will result in an award. If you are unsure whether you meet the grounds, discuss it with a family law attorney before your trial date so you can prepare the right evidence.

Frequently Asked Questions

Do I have to be unemployed to get alimony in Texas?

No. You must show you cannot earn enough to meet your basic needs, but you can be working part-time or in a low-wage job. The court compares your income to your expenses. If you work 20 hours a week at minimum wage and your rent alone is $1,200 a month, you may still may have access to even though you have a job.

What counts as family violence for alimony purposes?

Family violence includes physical abuse, threats, or patterns of controlling behavior directed at you or your child by your spouse. It does not require a criminal conviction — a civil protective order or testimony from you and witnesses can be enough. The violence must have occurred within two years before you filed for divorce.

Can my ex-spouse stop paying alimony if they lose their job?

They can ask the court to modify or suspend the order, but they must prove the job loss was not intentional. If a judge finds they quit to avoid paying, the court may order them to pay anyway or hold them in contempt. If the job loss is genuine and involuntary, the court will usually reduce or pause payments until they find new work.

What happens if I remarry while receiving alimony?

Alimony ends automatically when you remarry. Your ex-spouse does not have to file anything — the obligation stops by law. If you are living with someone but not married, alimony continues unless your ex-spouse asks the court to modify it based on your changed living situation.

Can I get alimony if my ex-spouse is self-employed?

Yes, but the court will look at their tax returns and business records to determine income. Self-employed people sometimes underreport income or claim large deductions. The judge can examine these documents and may use their earning capacity if they believe the reported income is artificially low.