Texas Spousal Maintenance (Alimony)
Texas has some of the most restrictive spousal maintenance laws in the country. Eligibility, amount, and duration are all capped by statute. Most clients are surprised by what Texas does – and doesn’t – allow.
Two Kinds of Post-Divorce Spousal Support in Texas
Texas recognizes two types of spousal support after divorce:
- Court-ordered spousal maintenance – what most states call “alimony.” Strictly limited by statute as to eligibility, amount, and duration.
- Contractual alimony – payments the spouses *agree* to in a settlement or decree. Not subject to the statutory limits. Negotiated, not court-ordered.
The difference matters because enforcement, modification, taxes, and bankruptcy treatment all differ.
Eligibility for Texas Spousal Maintenance
To receive court-ordered spousal maintenance, the spouse seeking it must show that, after divorce, they will lack sufficient property to provide for their minimum reasonable needs, AND meet one of the following:
- The other spouse was convicted of family violence within 2 years before the divorce was filed or while the divorce is pending; OR
- The seeking spouse has an incapacitating physical or mental disability; OR
- The marriage lasted 10 years or longer AND the seeking spouse lacks the ability to earn sufficient income; OR
- The seeking spouse is the custodian of a child of the marriage with a physical or mental disability requiring care that prevents the seeking spouse from working.
If none of these apply, court-ordered maintenance is not available – period. Settlement-based contractual alimony remains an option, but it requires the other spouse’s agreement.
The Presumption That Maintenance Is NOT Appropriate
Even when a spouse meets the eligibility criteria, Texas law presumes maintenance is not appropriate unless the spouse seeking it has, during the separation and divorce process:
- Exercised diligence in earning sufficient income, OR
- Developed the necessary skills to provide for minimum reasonable needs
The “diligence presumption” is one of the most important – and overlooked – pieces of Texas spousal maintenance practice. A spouse who hasn’t tried to work, retrain, or job-hunt during the separation is at a serious disadvantage at trial.
Get Kuehm.
The Statutory Amount Cap
Texas spousal maintenance is capped at the lesser of:
- $5,000 per month, OR
- 20% of the obligor’s average monthly gross income
(High-earner cases often hit the $5,000 cap.)
This cap applies to court-ordered maintenance only. Contractual alimony – by agreement – has no statutory cap.
How Long Texas Spousal Maintenance Lasts
The duration is also capped by statute, based on the length of the marriage and the basis for eligibility:
| Length of Marriage / Basis | Maximum Duration |
|---|---|
| Family violence basis (any length of marriage) | 5 years |
| 10–20 year marriage | 5 years |
| 20–30 year marriage | 7 years |
| 30+ year marriage | 10 years |
| Disability of spouse or child | As long as the disability lasts |
The court must order the shortest reasonable duration that allows the seeking spouse to earn sufficient income to provide for minimum reasonable needs, unless disability is the basis.
Factors That Determine Amount and Duration
Within the caps, the court considers:
- Each spouse’s financial resources, including separate property
- Education and employment skills, and the time and cost to acquire new ones
- Duration of marriage
- Age, employment history, earning capacity, and physical/emotional condition
- Contributions to the other spouse’s education or career
- Misconduct, including marital fault and dissipation of property
- Family violence
- Contributions as a homemaker
- Property each spouse will bring to the marriage and out of the divorce
- Need for child support, alimony, or both
- Acts that resulted in excessive or abnormal expenditures of community property
When Spousal Maintenance Ends
Court-ordered spousal maintenance terminates on:
- The death of either spouse
- The receiving spouse’s remarriage
- A court finding that the receiving spouse is cohabiting with a romantic partner in a permanent place of abode on a continuing basis
Maintenance can also be modified down (or up) when there’s a material and substantial change in circumstances – most often when the paying spouse’s income changes significantly.
Contractual alimony cannot be modified by the court – it’s a contract, governed by its own terms.
Contractual Alimony - A Negotiated Alternative
When a spouse needs more than the statutory cap allows – or doesn’t qualify under statute – contractual alimony provides a path. By agreement, the parties can set:
- Any amount
- Any duration
- Tax treatment
- Termination conditions
- Modification rights (or no modification)
But because it’s a contract, enforcement is by breach-of-contract action – not by family court contempt – and tax treatment under post-2018 federal law differs from older agreements.
We negotiate contractual alimony frequently in complex divorces where the statutory tools don’t fit the situation.
On This Page
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Is Texas a "no alimony" state?
No, but Texas is very restrictive. Court-ordered spousal maintenance is available only in specific situations and is capped in amount and duration. Contractual alimony remains available by agreement.
How long do you have to be married to get spousal maintenance in Texas?
Generally at least 10 years, unless one of the other eligibility bases applies (family violence, disability, custodian of a disabled child).
Can a spouse waive spousal maintenance in a prenup?
Yes. Texas allows waiver of spousal maintenance in premarital and marital property agreements. Waivers must be voluntary and not unconscionable.
Does cheating affect spousal maintenance?
It can. Marital fault - including adultery and cruelty - is one factor the court weighs in setting amount and duration.
What's the maximum spousal maintenance amount in Texas?
The lesser of $5,000 per month or 20% of the obligor's average monthly gross income. The cap applies only to court-ordered maintenance, not contractual alimony.
Talk to a Houston Spousal Maintenance Attorney
Whether you’re seeking maintenance, defending against a claim, or considering contractual alimony, Texas’s restrictive rules require careful planning. Let’s talk through your situation.
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