How Alimony Works in Texas

Texas has strict limits on spousal support, and it is not automatic

Alimony in Texas is called spousal maintenance, and Texas courts award it much less often than courts in other states. A judge will not order one spouse to pay the other straightforward because one person earns more money or because the marriage lasted a long time. Instead, Texas law sets specific conditions that must be met before a court can order maintenance at all.

The person asking for maintenance must show that they cannot meet their own basic needs, and the paying spouse must have the ability to pay. Even when both conditions exist, the court can only order maintenance for a limited time — usually no longer than three years, though longer periods are possible in cases involving abuse or long marriages with significant income differences.

This is different from child support, which is much more common in Texas and follows a standard formula. Spousal maintenance is discretionary, meaning the judge decides whether to award it based on the specific facts of your case.

Key Takeaways

• Texas courts can only order spousal maintenance if the receiving spouse cannot meet basic needs and the paying spouse can afford to pay.
• Maintenance orders in Texas typically last three years or less, though abuse or a marriage lasting ten years or more can extend the duration.
• The paying spouse's income is capped at $10,000 per month for calculation purposes, though this amount may change and varies by circumstance.
• Spousal maintenance is separate from child support and is far less common in Texas than in other states.
• You do not need a lawyer to request maintenance, but the rules are technical and a family law attorney can explain your specific situation.

When a Texas court can order spousal maintenance

A Texas judge can order one spouse to pay maintenance to the other only if the person receiving it meets one of these situations: they cannot earn enough to cover basic living expenses due to a disability or caregiving responsibility; they were married for at least ten years and cannot support themselves through work; or they are a victim of family violence and the abuse happened within two years before the divorce was filed or during the marriage.

The paying spouse must also be able to afford the payments. If both people have similar incomes and neither has a disability or caregiving role, the court will not order maintenance even if one person earns significantly more.

If you were married for less than ten years and have no disability, caregiving role, or history of abuse, you generally cannot receive spousal maintenance in Texas, regardless of the income difference between you and your ex-spouse.

How much spousal maintenance can be ordered

Texas law limits the amount of spousal maintenance to the lesser of 20 percent of the paying spouse's average monthly gross income or $5,000 per month. However, the law only counts income up to $10,000 per month when doing this calculation — so even if someone earns $15,000 per month, the court treats it as if they earn $10,000 for maintenance purposes.

This means the maximum maintenance order in most cases is $2,000 per month (20 percent of $10,000). The actual amount ordered will be less if the paying spouse earns less or if the court finds that a lower amount is appropriate based on the factors in your case.

The court also considers how long the marriage lasted, the age and health of both spouses, each person's earning ability, and whether one spouse gave up education or career opportunities during the marriage. These factors can result in a lower payment than the statutory maximum.

How long spousal maintenance lasts

In most cases, a spousal maintenance order lasts for three years. However, the duration can be longer in specific situations. If the marriage lasted ten years or more, maintenance can last up to five years. If the paying spouse was convicted of or received deferred adjudication for a crime of family violence, maintenance can last up to five years.

If the receiving spouse is unable to work due to a disability or is the primary caregiver of a child with a disability, maintenance can continue indefinitely — meaning it does not automatically end at a set date, though either spouse can ask the court to modify or end it later.

Maintenance ends automatically on the date set by the court order, or earlier if the receiving spouse remarries or dies. The paying spouse can also ask the court to modify or end maintenance if their circumstances change significantly — for example, if they lose their job or become disabled.

How to request spousal maintenance in a divorce

To request spousal maintenance, you must include it in your divorce petition or response to your spouse's petition. You cannot ask for maintenance after the divorce is final. If you are the spouse being asked to pay, you can respond by explaining why you believe maintenance should not be ordered or why the amount requested is too high.

At trial, you will need to present evidence that you meet one of the conditions for receiving maintenance — such as medical records showing a disability, proof that you were married for at least ten years, or documentation of family violence. You will also need to show your income and expenses to demonstrate that you cannot meet basic needs, and you will need information about your spouse's income to show they can afford to pay.

If you and your spouse agree on maintenance, you can include that agreement in your divorce settlement. The judge will review it to make sure it follows Texas law, but if both of you agree, the court will usually approve it.

Spousal maintenance versus property division

Spousal maintenance is different from dividing property in a divorce. When you divide property, you are splitting assets and debts that were accumulated during the marriage — things like a house, retirement accounts, vehicles, and credit card debt. This happens once, at the time of divorce.

Spousal maintenance is an ongoing monthly payment from one spouse to the other after the divorce is final. It is meant to help the receiving spouse meet basic living expenses, not to equalize the total value of property each person received.

In a Texas divorce, the court divides property according to what is "just and right" — which does not always mean 50-50. The court considers factors like each person's earning ability, the length of the marriage, and whether one spouse gave up career opportunities. Spousal maintenance is separate from this property division and is only awarded when the specific conditions in Texas law are met.

Modifying or ending spousal maintenance

Either spouse can ask the court to change a spousal maintenance order if circumstances have changed significantly since the order was made. For example, if the paying spouse loses their job, they can ask for a reduction or temporary pause in payments. If the receiving spouse gets a job that pays well enough to cover their needs, the paying spouse can ask the court to end maintenance early.

To modify maintenance, you file a motion with the court and explain what has changed. You will need to provide current financial information — recent pay stubs, tax returns, or proof of job loss. The court will then decide whether the change in circumstances is significant enough to warrant a modification.

Maintenance also ends automatically if the receiving spouse remarries or dies. If the receiving spouse is disabled and maintenance is indefinite, either spouse can still ask the court to modify it based on changed circumstances.

Frequently Asked Questions

Can I get spousal maintenance if I was married for less than ten years?

Only if you have a disability that prevents you from earning enough to support yourself, you are the primary caregiver of a child with a disability, or you are a victim of family violence. Length of marriage alone is not enough unless the marriage lasted at least ten years.

What counts as family violence for spousal maintenance purposes?

Family violence includes physical abuse, threats, harassment, or stalking by a spouse or former spouse. The abuse must have occurred within two years before the divorce was filed or during the marriage. You will need documentation such as police reports, protective orders, medical records, or witness testimony to prove it.

Does spousal maintenance affect child support?

No. Child support and spousal maintenance are calculated separately. Child support is based on the paying parent's income and the number of children, and it follows a standard formula. Spousal maintenance is a separate obligation with its own rules and limits.

What happens if my ex-spouse stops paying spousal maintenance?

You can file a motion for contempt of court or ask the court to enforce the order. The court can hold your ex-spouse in contempt, which may result in fines or jail time. You can also ask the court to garnish their wages or seize other assets to collect unpaid maintenance.

Can spousal maintenance be modified if my ex-spouse gets a raise?

Yes, but only if the raise is significant enough to constitute a material change in circumstances. A small raise may not be enough to justify modification. You would need to file a motion and provide recent pay stubs or tax returns showing the increased income.