Alimony in Texas: Who Qualifies for Spousal Maintenance and How Much
Many people start a divorce with a support number already in mind. Alimony in Texas does not work that way. A Texas court can order support after divorce only under Chapter 8 of the Texas Family Code, which calls it spousal maintenance. If the facts do not fit inside Chapter 8, the court cannot order it.
This post explains the rules in plain language for both spouses: the one who may need support and the one who may be ordered to pay. It does not evaluate a case.
Does Texas have alimony?
Texas has two different things that people call alimony. Spousal maintenance is ordered by a court under Chapter 8, with strict limits. Contractual alimony is support the spouses agree to in their divorce settlement. It is not bound by the Chapter 8 limits, and it is enforced as a contract.
Who qualifies for spousal maintenance in Texas?
The spouse asking must lack enough property, including separate property, to provide for minimum reasonable needs. One of these paths must also apply (§ 8.051).
Family violence: the other spouse was convicted of, or received deferred adjudication for, a family violence offense against the spouse or the spouse's child, within two years before the divorce was filed or while it is pending.
Disability: the spouse cannot earn enough because of an incapacitating physical or mental disability.
Ten-year marriage: the marriage lasted 10 years or longer and the spouse lacks the ability to earn enough to meet minimum reasonable needs.
Child with a disability: the spouse cares for a child of the marriage who needs substantial care and supervision because of a physical or mental disability, and that care prevents the spouse from earning enough.
Under the 10-year path, the law presumes maintenance is not warranted unless the spouse has been diligent in earning income or in developing the skills to do so (§ 8.053).
How long does spousal maintenance last in Texas?
The court must limit maintenance to the shortest reasonable period, and the statute sets outer limits by the length of the marriage (§ 8.054).
Up to 5 years for a marriage of less than 10 years under the family violence path, or a marriage of 10 to 20 years
Up to 7 years for a marriage of 20 to 30 years
Up to 10 years for a marriage of 30 years or more
Maintenance based on a disability can continue for as long as the condition lasts.
How much is spousal maintenance in Texas?
A court cannot order more than the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income (§ 8.055). That is a ceiling, not a formula. The amount is tied to the receiving spouse's minimum reasonable needs, which have to be proven with a real budget.
When does spousal maintenance end or change?
Maintenance ends when either party dies or the receiving spouse remarries. A court also ends it if the receiving spouse lives with a romantic partner in a permanent home on a continuing basis (§ 8.056). The amount can be reduced after a material and substantial change in circumstances (§ 8.057). An order that is not paid can be enforced by contempt and by withholding from the paying spouse's income.
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Frequently asked questions
How long do you have to be married to get alimony in Texas?
Generally 10 years, and the spouse must also lack the ability to earn enough for minimum reasonable needs. The family violence and disability paths do not depend on a 10-year marriage (§ 8.051).
Is there a formula for alimony in Texas?
No. The statute sets a cap of the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income (§ 8.055). The amount within the cap depends on proven needs.
Can I get support while the Texas divorce is pending?
A court can order temporary support while a divorce is pending (§ 6.502). That is separate from spousal maintenance after the divorce under Chapter 8.
Get the full guide
Get Spousal Maintenance (Alimony) in Texas as an eBook to work through eligibility, duration, the cap and what the decree must say. Read Spousal Maintenance (Alimony) in Texas.
Related guides
Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Texas attorney.
