Eligibility and Limits of Spousal Maintenance (Alimony) in Texas

Texas is one of the least generous states in the country on alimony. Court-ordered spousal maintenance under Chapter 8 is available only in defined circumstances, and both the amount and the duration are capped by statute. Contractual alimony agreed between the spouses is a separate and much more flexible tool.

Who Is Eligible

Under § 8.051, a court may order maintenance only if the spouse seeking it lacks sufficient property, including separate property, to provide for their minimum reasonable needs, and one of the following applies:

  • the other spouse was convicted of or received deferred adjudication for a family violence offense against the spouse or their child within two years before the suit was filed or while it is pending; or
  • the spouse seeking maintenance is unable to earn sufficient income to meet minimum reasonable needs because of an incapacitating physical or mental disability; or
  • the marriage lasted 10 years or longer and the spouse lacks the ability to earn sufficient income to meet minimum reasonable needs; or
  • the spouse is the custodian of a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability.

The Presumption Against Maintenance

Section 8.053 creates a rebuttable presumption that maintenance is not warranted unless the spouse seeking it has exercised diligence in seeking suitable employment, or in developing the skills to become self-supporting, during the separation and while the suit is pending. Two points of scope matter: the presumption attaches to the ten-year category under § 8.051(2), and it does not apply to a spouse who cannot satisfy it because of an incapacitating disability or because they care for a child of the marriage who requires substantial supervision. Eligibility is a threshold, not an entitlement.

How Much

Section 8.055 caps monthly maintenance at the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Gross income is defined broadly and excludes certain items such as return of capital and some benefits.

How Long

Section 8.054 sets maximum durations tied to the length of the marriage:

  • 5 years — marriage under 10 years where eligibility rests on family violence, or a marriage of 10 to 20 years;
  • 7 years — marriage of 20 to 30 years;
  • 10 years — marriage of 30 years or more.

Where eligibility rests on a disability or on caring for a disabled child, maintenance may continue as long as the condition persists, subject to periodic review. In every case the court must limit maintenance to the shortest reasonable period that allows the receiving spouse to become self-supporting, unless a disability, the duties of caring for a young child, or another compelling impediment prevents it.

The Factors

Section 8.052 lists what a court weighs in setting the amount and duration: each spouse’s ability to provide for their own needs, education and employment skills and the time needed to acquire them, the length of the marriage, age and health and earning ability, the effect of child support obligations, marital misconduct including adultery and cruelty, contributions as a homemaker, contribution by one spouse to the other’s education or earning power, property brought to the marriage, and any destruction or concealment of community property.

Contractual Alimony Is Different

Spouses can agree to support that exceeds the statutory caps in amount or duration. Contractual alimony is a contract obligation rather than a court-ordered maintenance obligation, which means it is generally enforced as a contract instead of by contempt, and income withholding is generally available only if the parties agreed to it. It is frequently the right tool in a negotiated settlement, but it must be drafted with the enforcement difference clearly in mind.

Frequently Asked Questions

Does Texas have alimony?

Texas has court-ordered spousal maintenance under Chapter 8, available only in narrow circumstances and capped in both amount and duration. Spouses may also agree to contractual alimony.

How much spousal maintenance can a Texas court order?

No more than the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income.

How long does spousal maintenance last in Texas?

Generally five, seven, or ten years depending on the length of the marriage, or as long as a qualifying disability continues, and always for the shortest reasonable period.

Texas Statutes Referenced

Related Pages

Talk With a Texas Divorce Attorney

Find out quickly whether maintenance is realistic in your case, and what it would look like. Call 713-955-6182 or contact The De Leon Law Firm.