Spousal Maintenance in Texas

Texas does not call it alimony

Texas uses the term spousal maintenance for court-ordered post-divorce support payments. Texas also recognizes contractual alimony, which is an agreement between the parties (not ordered by the court) that survives divorce and is enforceable as a contract. This guide covers court-ordered spousal maintenance under Chapter 8 of the Texas Family Code.

Eligibility requirements

Texas spousal maintenance is very restrictive. Under § 8.051, a spouse is eligible to seek court-ordered maintenance only if they lack sufficient property to meet their minimum reasonable needs, and at least one of the following applies:

• Family violence conviction or deferred adjudication — The other spouse was convicted of or received deferred adjudication for family violence against the applicant or a child of the marriage during the divorce proceeding or within two years of the filing date
• Incapacitating disability — The applicant spouse has an incapacitating physical or mental disability that prevents them from earning sufficient income
• Child with a disability — The applicant is the custodial parent of a child who requires substantial care and personal supervision due to a physical or mental disability, preventing the parent from earning sufficient income
• 10-year marriage and inability to earn — The marriage lasted at least 10 years and the applicant lacks the ability to earn sufficient income to meet minimum reasonable needs

The $5,000/month cap

Even when maintenance is appropriate, Texas caps the monthly amount at the lesser of:

• $5,000 per month, or
• 20% of the paying spouse's average monthly gross income

This cap applies regardless of the length of the marriage or the disparity in incomes between the spouses.

Duration limits

Texas spousal maintenance is not permanent. Under § 8.054, the duration of maintenance depends on the length of the marriage:

• Marriage of 10–19 years: maximum 5 years
• Marriage of 20–29 years: maximum 7 years
• Marriage of 30 or more years: maximum 10 years
• Family violence or disability basis: as long as the disability continues or as ordered

What maintenance terminates on

Under § 8.056, spousal maintenance automatically terminates upon:

• The death of either party
• The recipient's remarriage
• A court finding that the recipient is cohabitating with another person in a permanent relationship that resembles a marriage

Contractual alimony vs. court-ordered maintenance

Because court-ordered maintenance is so restricted, many divorcing couples negotiate contractual alimony as part of their divorce agreement. Unlike court-ordered maintenance, contractual alimony is not subject to the statutory caps or duration limits — the parties can agree to any amount and any duration. However, it is enforced as a contract claim, not a contempt proceeding, which makes enforcement more difficult if a spouse stops paying.