How Alimony Works in Texas (And When It Doesn't)

Texas Has Strict Rules on Spousal Support, Not Traditional Alimony

Texas does not have alimony in the traditional sense. Instead, the state allows spousal maintenance — a narrower form of support that a judge can order only under specific circumstances. The difference matters: alimony in other states can last indefinitely or until remarriage, but Texas spousal maintenance has a time limit, a lower payment cap, and stricter rules about who can receive it.

The state's approach reflects a philosophy that marriage is a partnership of equals, and that each person should become self-supporting after divorce. Courts can order one spouse to pay the other only if that spouse cannot meet their own basic needs, and only for a limited period — usually three to ten years depending on the length of the marriage.

If you are going through a divorce in Texas or thinking about one, understanding these rules now can shape what you ask for and what you might owe.

Key Takeaways

• Texas calls spousal support "maintenance," not alimony, and a judge can only order it if the receiving spouse cannot meet their own basic needs and the paying spouse has the ability to pay.
• Spousal maintenance in Texas is capped at the lower of 20 percent of the paying spouse's gross monthly income or $5,000 per month, with some exceptions for marriages longer than 20 years.
• The length of maintenance depends on how long the marriage lasted: typically three years for marriages under 10 years, up to ten years for marriages of 20 years or more.
• A spouse can lose the right to maintenance by cohabiting with another person, and maintenance ends automatically if the receiving spouse remarries.
• Spousal maintenance is separate from child support and property division, and a judge will not order it unless the receiving spouse proves they cannot meet basic needs through work or other means.

Who Can Receive Spousal Maintenance in Texas

Not every divorcing spouse can receive maintenance. Texas law sets a high bar. The spouse seeking maintenance must show that they cannot meet their own basic needs through work, even with job training or education. This is the first requirement, and without it, the case ends.

The second requirement is that the paying spouse must have the ability to pay. A judge looks at both spouses' income, earning capacity, and financial obligations. If the paying spouse barely covers their own expenses, a court may find they cannot afford to pay maintenance.

There are also situations where a spouse is automatically barred from receiving maintenance. If the spouse seeking maintenance is the one who committed adultery during the marriage, they cannot receive it. If they are convicted of a crime involving family violence, they lose the right. And if they are cohabiting with another person — living with someone in a romantic relationship — they cannot receive maintenance, even if they were initially awarded it.

How Much Spousal Maintenance Can Be Ordered

Texas law caps spousal maintenance at the lower of 20 percent of the paying spouse's gross monthly income or $5,000 per month. This cap applies to most marriages. If the marriage lasted 20 years or longer, the cap rises to 30 percent of gross monthly income or $7,500 per month, whichever is lower.

These are the maximum amounts. A judge may order less if the circumstances warrant it. For example, if the paying spouse's income is $3,000 per month, 20 percent would be $600 — well below the $5,000 cap, so the cap does not explore. The judge would consider whether $600 is reasonable given both spouses' needs and the paying spouse's ability to pay.

The amount also depends on the length of the marriage, which determines how long maintenance will last. A spouse in a short marriage may receive less total support than one in a long marriage, even if the monthly payment is the same.

How Long Spousal Maintenance Lasts

The duration of spousal maintenance in Texas is tied directly to how long the marriage lasted. The longer the marriage, the longer maintenance can be ordered.

Length of Marriage	Maximum Duration of Maintenance
Less than 10 years	Up to 3 years
10 years or more, but less than 20 years	Up to 5 years
20 years or more	Up to 10 years

These are the maximum periods. A judge may order a shorter duration if they believe it is appropriate. For instance, in a 15-year marriage, the judge could order maintenance for two years instead of the full five years allowed.

Maintenance ends automatically in several situations: when the time period expires, when the receiving spouse remarries, when the receiving spouse dies, or when the paying spouse dies. It also ends if the receiving spouse begins cohabiting with another person in a romantic relationship, though the receiving spouse can petition the court to reinstate it if the cohabitation ends.

The Difference Between Spousal Maintenance and Property Division

Spousal maintenance is not the same as dividing marital property. When a marriage ends in Texas, the court divides the property and debts accumulated during the marriage. This is a one-time division that happens at divorce.

Spousal maintenance, by contrast, is an ongoing monthly payment from one spouse to the other, and it lasts only for the period the judge orders. A spouse might receive a large share of the marital home and savings through property division but receive no maintenance because they can support themselves. Conversely, a spouse might receive little property but be awarded maintenance because they cannot work and the other spouse has income.

The two are separate issues, and a judge considers them independently. You can ask for both, but the court will decide each one based on its own rules.

When a Judge Can Order Spousal Maintenance Without the Strict Rules

There is one exception to the rules above. If both spouses agree in writing to spousal support, they can set their own terms — the amount, the duration, and the conditions. A judge will usually approve a written agreement between spouses because the law favors letting people settle their own affairs.

This means a couple can agree to alimony-like payments that would not be allowed under the standard Texas rules. For example, they could agree to maintenance lasting 15 years, or to an amount higher than the statutory cap. The agreement must be in writing and signed by both spouses, and it becomes part of the divorce decree.

If you and your spouse are negotiating a settlement, this flexibility can be valuable. You can propose terms that work for both of you, rather than asking a judge to explore the standard rules.

What Happens If Spousal Maintenance Is Not Paid

If the paying spouse falls behind on court-ordered maintenance, the receiving spouse can file a motion for contempt of court. A judge can then hold the paying spouse in contempt, which can result in fines or jail time until the back payments are made.

The receiving spouse can also ask the court to garnish the paying spouse's wages, seize tax refunds, or place a lien on property. These enforcement tools are the same ones used for unpaid child support.

If the paying spouse's income drops significantly — due to job loss, illness, or other hardship — they can petition the court to modify the maintenance order. A judge may lower the amount or pause payments temporarily, but the paying spouse must show the change in circumstances and file the request with the court. straightforward stopping payments without court approval is not legal.

Frequently Asked Questions

Can I receive spousal maintenance if my spouse makes much more money than me?

Not automatically. You must show that you cannot meet your own basic needs through work or other means, even with job training. If you have the ability to become self-supporting, a judge will likely deny maintenance. High income disparity alone is not enough.

What counts as cohabitation that ends my spousal maintenance?

Cohabitation means living with another person in a romantic or intimate relationship. Dating someone you do not live with does not end maintenance. If you move in with a partner, your maintenance stops, but you can petition the court to reinstate it if you move out and the cohabitation ends.

Can spousal maintenance be modified after the divorce is final?

Yes, either spouse can ask the court to change the amount or duration if there has been a material change in circumstances — such as a significant change in income, job loss, or a serious health issue. The requesting spouse must file a motion and prove the change is substantial and not temporary.

Does spousal maintenance affect my taxes?

Spousal maintenance paid under a divorce decree finalized after December 31, 2018, is not deductible by the paying spouse and is not taxable income to the receiving spouse. For divorces finalized before that date, the rules were different. Consult a tax professional or attorney about your specific situation.

What if my spouse refuses to work to avoid paying maintenance?

A judge can impute income to a spouse who is deliberately underemployed or unemployed — meaning the court assigns them an income level based on their education, skills, and job history, even if they are not actually earning that much. This prevents a spouse from avoiding maintenance by choosing not to work.