Texas Alimony (Spousal Maintenance) Guide: Eligibility, Limits & Duration

In Texas, spousal maintenance is limited to specific circumstances and is not awarded in every divorce. Eligibility is strict, and payments are capped b...

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Key Takeaways

  • In Texas, the terms "alimony," "spousal support," and "spousal maintenance" have distinct legal meanings.
  • The duration of spousal maintenance in Texas is tied to the length of the marriage.
  • A spousal maintenance order can be modified by filing a motion with the court. To modify the order, you must show a "material and substantial change" in the circumstances of either party.
The Short Answer

In Texas, spousal maintenance is limited to specific circumstances and is not awarded in every divorce. Eligibility is strict, and payments are capped by both amount and duration.

Texas Alimony (Spousal Maintenance) Guide: Eligibility, Limits & Duration

In Texas, spousal maintenance is limited to specific circumstances and is not awarded in every divorce. Eligibility is strict, and payments are capped by both amount and duration.

Unlike many other states, Texas has very specific and limited provisions for post-divorce spousal support, which is legally known as "spousal maintenance." This guide explains the eligibility requirements, how maintenance is calculated, and how long it can last.

Table of Contents

  1. What is the difference between alimony, spousal support, and spousal maintenance in Texas?
  2. Who is eligible for spousal maintenance in Texas?
  3. How is the amount of spousal maintenance calculated in Texas?
  4. How long does spousal maintenance last in Texas?
  5. How can a spousal maintenance order be modified in Texas?
  6. Frequently Asked Questions
  7. Legal References

What is the difference between alimony, spousal support, and spousal maintenance in Texas?

In Texas, the terms "alimony," "spousal support," and "spousal maintenance" have distinct legal meanings.

  • Spousal Maintenance: This is court-ordered support paid by one spouse to the other after a divorce. It is limited by law and only available in specific situations.
  • Spousal Support: This is support that the spouses agree to in a contract. It is not ordered by a court and is enforced as a contract, not a court order.
  • Alimony: Texas law does not use the term "alimony." When people refer to alimony in Texas, they are typically talking about spousal maintenance.

Who is eligible for spousal maintenance in Texas?

To be eligible for spousal maintenance in Texas, the spouse seeking support must first show that they will lack sufficient property (including their separate property) on divorce to provide for their minimum reasonable needs. [1]

In addition, one of the following circumstances must exist:

  1. Family Violence: The spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, committed during the marriage against the other spouse or the other spouse's child and the offense occurred within two years before the date on which a suit for dissolution of the marriage is filed or while the suit is pending; or
  2. 10+ Year Marriage: The marriage has lasted for 10 years or more, and the spouse seeking maintenance lacks the ability to earn sufficient income to provide for their minimum reasonable needs, and the spouse seeking maintenance:
    • is unable to work due to an incapacitating physical or mental disability;
    • is the primary caregiver of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability; or
    • clearly lacks earning ability in the labor market adequate to provide for their minimum reasonable needs.

How is the amount of spousal maintenance calculated in Texas?

There is no formula for calculating spousal maintenance in Texas. The amount is determined by the judge based on the specific facts of the case. However, the law sets a cap on the amount of maintenance that can be ordered.

The court cannot order maintenance that requires a spouse to pay more than the lesser of:

  • $5,000 per month; or
  • 20% of the paying spouse's average monthly gross income. [2]
FactorDescription
Financial ResourcesThe financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the divorce.
Education & SkillsThe education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training.
Duration of MarriageThe length of the marriage.
Age & HealthThe age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
Spousal MisconductAdultery or cruel treatment by either spouse during the marriage.

How long does spousal maintenance last in Texas?

The duration of spousal maintenance in Texas is tied to the length of the marriage.

  • Up to 5 years: If the eligibility is based on family violence or a marriage of at least 10 years but less than 20 years.
  • Up to 7 years: If the marriage lasted for at least 20 years but less than 30 years.
  • Up to 10 years: If the marriage lasted for 30 years or more.

Maintenance can continue for as long as the eligibility continues if the spouse is disabled or is caring for a disabled child of the marriage. [3]

How can a spousal maintenance order be modified in Texas?

A spousal maintenance order can be modified by filing a motion with the court. To modify the order, you must show a "material and substantial change" in the circumstances of either party.

Maintenance payments automatically terminate if:

  • Either party dies.
  • The receiving spouse remarries.
  • The receiving spouse cohabits with a third party with whom they have a romantic relationship.

Frequently Asked Questions

Can I get temporary spousal support while the divorce is pending?

Yes, a judge can order temporary spousal support while the divorce is in progress to provide for a spouse's needs during that time.

Is spousal maintenance taxable?

For divorce or separation agreements executed after December 31, 2018, spousal maintenance payments are not deductible by the paying spouse, nor are they included in the income of the receiving spouse for federal tax purposes.

Can my spouse and I agree to alimony?

Yes, you and your spouse can agree to contractual alimony, which is a voluntary agreement for one spouse to pay support to the other. This is a contract and is enforced differently than court-ordered spousal maintenance.

[1] Texas Family Code § 8.051. (n.d.). Eligibility for Maintenance. Texas Statutes. Retrieved December 21, 2025, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.051

[2] Texas Family Code § 8.055. (n.d.). Amount of Maintenance. Texas Statutes. Retrieved December 21, 2025, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.055

[3] Texas Family Code § 8.054. (n.d.). Duration of Maintenance Order. Texas Statutes. Retrieved December 21, 2025, from https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.054

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