Does Texas Have Alimony? What You Need to Know

Does Texas Have Alimony?

Texas does have a form of alimony, but it works very differently from what most people expect. In Texas, it's called spousal maintenance — and it's one of the most restricted forms of post-divorce support in the country.

What Is Spousal Maintenance in Texas?

Spousal maintenance is court-ordered financial support paid by one spouse to the other after a divorce is finalized. Unlike states where alimony is common, Texas law presumes that spousal maintenance is not appropriate unless specific legal requirements are met.

Who Qualifies for Spousal Maintenance in Texas?

To qualify for spousal maintenance in Texas, the spouse seeking support must prove they lack sufficient property to meet their minimum reasonable needs AND meet at least one of the following criteria:

The marriage lasted at least 10 years and the spouse lacks earning ability to meet minimum reasonable needs. The paying spouse was convicted of or received deferred adjudication for family violence against the other spouse or the children within two years of the divorce filing. The spouse seeking maintenance has a physical or mental disability that prevents them from earning sufficient income. The spouse is the custodian of a child who requires substantial care due to a physical or mental disability.

How Much Can Be Awarded?

Texas caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. This is a hard cap — courts cannot order more regardless of the circumstances.

How Long Does Spousal Maintenance Last in Texas?

The duration of spousal maintenance is also strictly limited by Texas law. For marriages of 10 to 20 years, maintenance is capped at 5 years. For marriages of 20 to 30 years, the cap is 7 years. For marriages over 30 years, the cap is 10 years. If the maintenance is awarded due to family violence or disability, the court has more discretion on duration.

What About Contractual Alimony?

Many Texas divorces are resolved through a negotiated settlement rather than a court order. In these cases, spouses can agree to contractual alimony — support payments that are not subject to the same statutory limits. Contractual alimony can be any amount and any duration the parties agree to, and it is enforced as a contract rather than a court order.

Is Texas a Community Property State — Does That Affect Alimony?

Yes. Texas is a community property state, meaning most assets and debts acquired during the marriage are divided equally. Because Texas courts already divide marital property at divorce, judges are less likely to award long-term spousal maintenance — the property division is seen as providing for both spouses' needs going forward.

Frequently Asked Questions About Texas Alimony

Can I get alimony if my marriage was less than 10 years?
Only if your spouse was convicted of family violence or you have a qualifying disability. Otherwise the 10-year minimum applies.

Does fault affect alimony in Texas?
Fault — such as adultery or cruelty — can be considered by a judge when determining whether to award maintenance and in what amount, but it is not required.

Can spousal maintenance be modified?
Yes. Either spouse can petition to modify or terminate spousal maintenance if there has been a material and substantial change in circumstances, such as the recipient remarrying or the paying spouse losing their job.

What's the difference between spousal maintenance and contractual alimony?
Spousal maintenance is court-ordered and subject to strict Texas statutory limits. Contractual alimony is agreed to by both parties in a settlement and enforced as a contract — it is not subject to the same caps or duration limits.