How Texas Handles Spousal Support and Alimony

Texas allows spousal support, but only under specific circumstances and for limited periods

Texas is not a state that routinely awards alimony the way some other states do. Instead, Texas law calls it spousal maintenance, and courts can only order it in narrow situations: when one spouse lacks the ability to support themselves, the other spouse has the ability to pay, and the marriage lasted at least 10 years. Even when all three conditions are met, the amount and duration are capped by statute — Texas does not allow indefinite alimony payments.

The key difference between Texas and alimony states is that Texas does not assume one spouse owes support to the other straightforward because the marriage is ending. A judge must find that the lower-earning spouse cannot meet their basic needs through their own income, property division, or child support before ordering maintenance at all. This makes Texas a limited spousal support state rather than an alimony state in the traditional sense.

Key Takeaways

• Texas courts can order spousal maintenance only if the marriage lasted at least 10 years, one spouse cannot support themselves, and the other spouse can afford to pay.
• The maximum monthly maintenance amount is the lesser of $5,250 or 20 percent of the paying spouse's gross monthly income, adjusted annually for inflation.
• Spousal maintenance in Texas typically lasts no longer than five years, except in cases involving disability or a marriage of 30 years or more.
• Property division in a divorce — not spousal support — is how most Texas spouses receive financial protection after separation.

The 10-year marriage requirement and other conditions for spousal maintenance

Texas Family Code § 8.051 sets out when a court may order one spouse to pay maintenance to the other. The marriage must have lasted at least 10 years, measured from the date of marriage to the date the divorce petition was filed. If the marriage lasted nine years and 11 months, the court cannot order maintenance, even if one spouse is unable to work and the other is wealthy.

Beyond the 10-year threshold, the court must also find that the spouse seeking maintenance cannot meet their minimum reasonable needs through employment income, property awarded in the divorce, or child support received. "Minimum reasonable needs" is not defined as a specific dollar amount in the statute — judges interpret it based on the standard of living during the marriage and the spouse's age, health, and ability to work.

The paying spouse must also have the ability to pay maintenance without reducing their own ability to meet their minimum reasonable needs. This is a factual question the judge decides based on income, debts, and other financial obligations. A spouse with high income but also high child support obligations might not have the ability to pay additional maintenance.

Maximum amounts and duration of spousal maintenance in Texas

If a court finds all conditions are met, the amount of maintenance is capped. The monthly payment cannot exceed the lesser of $5,250 or 20 percent of the paying spouse's gross monthly income. This cap is adjusted annually on January 1 to account for inflation. For example, if the paying spouse earns $30,000 per month, 20 percent would be $6,000, but the court can only order $5,250 because that is the statutory maximum.

The duration of maintenance is also limited. For a marriage that lasted 10 to 20 years, maintenance can last no more than five years. For a marriage of 20 to 30 years, it can last no more than seven years. For a marriage of 30 years or longer, there is no time limit — maintenance can continue indefinitely. These durations run from the date the divorce is finalized, not from the date the petition was filed.

A court may also order maintenance for longer than the standard periods if the spouse seeking it has a disability that prevents them from earning sufficient income to meet their minimum reasonable needs. In that case, maintenance can continue as long as the disability persists and the paying spouse has the ability to pay.

How Texas property division differs from spousal maintenance

Many Texas divorces do not include spousal maintenance at all, because the property division handles the financial split. Texas is a community property state, meaning property acquired during the marriage is divided "fairly" — not necessarily 50/50, but in a way the judge deems just and right based on the circumstances.

In a community property division, a spouse who earned less during the marriage may receive a larger share of the marital assets, retirement accounts, or the family home. This is often a more substantial financial settlement than spousal maintenance would provide, especially since maintenance is capped and time-limited. A judge might award one spouse 60 percent of the community property and no maintenance, rather than awarding 50 percent of property and five years of maintenance payments.

The advantage of property division over maintenance is that it is a one-time transfer and does not depend on the paying spouse's continued employment or ability to pay. Once the property is divided and the divorce is final, the obligation ends.

When a court may decline to order spousal maintenance even if conditions are met

Even if the 10-year marriage requirement is satisfied and one spouse cannot meet their minimum reasonable needs, a court may still refuse to order maintenance. Texas Family Code § 8.053 allows a judge to decline maintenance if the paying spouse shows that the marriage ended because of the other spouse's adultery, and the paying spouse did not commit adultery during the marriage.

Additionally, the court must consider the ability of the spouse seeking maintenance to meet their needs through employment. If that spouse is capable of working but has not pursued employment or education, the judge may factor that into the decision. The court also weighs the length of the marriage, the age and health of both spouses, and the earning capacity of each spouse.

Modifying or ending spousal maintenance in Texas

Spousal maintenance can be modified or terminated if there is a material and substantial change in circumstances. Common reasons include a significant change in either spouse's income, loss of employment, retirement, or a change in the paying spouse's health or ability to work. The spouse seeking the modification must file a motion with the court and show the change was not anticipated when the maintenance order was entered.

Maintenance also ends automatically when the time period expires — for example, when five years have passed in a 10- to 20-year marriage. It also ends if the spouse receiving maintenance remarries or passes away. If the paying spouse passes away, the obligation typically ends unless the court ordered otherwise in the divorce decree.

Frequently Asked Questions

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

No. Texas law requires a marriage to have lasted at least 10 years, measured from the date of marriage to the date the divorce petition was filed. If your marriage was nine years and 11 months, you cannot receive spousal maintenance under Texas law, though you may receive a larger share of community property in the divorce settlement.

What counts as gross monthly income for the spousal maintenance calculation?

Gross monthly income includes salary, wages, commissions, bonuses, self-employment income, rental income, and income from investments. It does not include child support received from another relationship. The exact definition is in Texas Family Code § 101.001, and judges may consider income from all sources when calculating the 20 percent cap.

Does spousal maintenance end if the paying spouse loses their job?

Job loss alone does not automatically end maintenance, but it may be grounds to modify or reduce it. The paying spouse must file a motion showing the job loss was not voluntary and represents a material change in circumstances. The court will then decide whether to reduce, suspend, or terminate the maintenance obligation based on the new financial situation.

Can spousal maintenance be ordered if we agree to it in a settlement?

Yes. If both spouses agree to spousal maintenance in a settlement agreement, the court can order it even if the statutory conditions are not met. For example, a couple married for eight years could agree to maintenance, and a judge would likely approve it as part of the divorce decree. However, the amount cannot exceed the statutory cap of $5,250 or 20 percent of gross income.