Last updated 2026-07-09
TL;DR
Texas calls alimony 'spousal maintenance' and sets strict limits: your marriage must have lasted at least 10 years (with exceptions), your property after the divorce can't cover your minimum reasonable needs, and payments are capped at $5,000 per month or 20% of the paying spouse's average gross monthly income, whichever is less. Courts grant it far less often than most people expect.
What is alimony called in Texas, and is it common?
Texas does not use the word alimony in its statutes. The legal term is spousal maintenance, and Chapter 8 of the Texas Family Code governs it [1]. There is also a separate thing called contractual alimony, which is not court-ordered. Spouses agree to it in a settlement. The two work very differently, and mixing them up causes a lot of confusion.
Spousal maintenance is genuinely uncommon in Texas. The state has some of the most restrictive eligibility rules in the country. Texas courts historically leaned toward clean breaks, and the legislature has never moved far from that philosophy. If you read articles about other states where judges award alimony freely after long marriages, Texas is not that state.
Contractual alimony is more flexible because it is a private contract, not a court order. Spouses can agree to any amount, any duration, and any payment terms they want. The catch is that both parties have to actually agree, which means it usually only happens in negotiations where one spouse has something the other wants.
For the rest of this article, 'spousal maintenance' refers to the court-ordered version under Chapter 8. When contractual alimony matters, it is labeled clearly.
Who qualifies for spousal maintenance in Texas?
Texas Family Code Section 8.051 sets out the eligibility requirements [1]. You must first show that you will lack sufficient property after the divorce to provide for your minimum reasonable needs. That threshold alone filters out many applicants. Then you have to fall into one of four categories.
The first and most common path is a marriage that lasted 10 or more years, combined with a demonstrated inability to earn enough income to meet minimum reasonable needs. Texas does not define 'minimum reasonable needs' with a dollar figure in the statute, so courts look at the specific circumstances: housing costs, medical expenses, basic living costs in the area.
The second path applies if your spouse was convicted of, or received deferred adjudication for, a family violence offense against you or your child during the marriage or while the divorce was pending. The 10-year marriage rule does not apply here.
The third path covers spouses who have a physical or mental disability that prevents them from earning sufficient income. Again, no minimum marriage length is required.
The fourth path covers spouses who are the custodial parent of a child of the marriage who has a physical or mental disability that requires substantial care, preventing the custodial parent from working enough to meet their own needs.
Meeting one of these categories gets you through the door. It does not guarantee an award. The court still has discretion, and it still has to weigh the statutory factors before ordering any payment.
How does Texas calculate the amount of spousal maintenance?
There is a hard ceiling in Texas Family Code Section 8.055 [1]. Spousal maintenance cannot exceed the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income. Both conditions apply at once, so if 20% of gross income is $2,800, that is the cap regardless of need.
The court also weighs several factors listed in Section 8.052 before landing on an amount within that ceiling. Those factors include the financial resources of each spouse, each spouse's earning ability and education, the length of the marriage, the age and health of the requesting spouse, contributions to the other spouse's education or career during the marriage, whether either spouse wasted marital assets, and child support obligations.
Texas courts tend to award modest amounts. There is no public database of average awards, and court records in Texas are not centrally aggregated in a way that produces reliable statewide averages. What attorneys and legal aid organizations consistently report is that awards cluster well below the $5,000 ceiling for most cases.
The court is not trying to preserve your marital lifestyle. The standard is minimum reasonable needs, not the standard of living during the marriage. That is a real difference from states like California or New York, where lifestyle maintenance carries more weight.
How long does spousal maintenance last in Texas?
Duration limits are set by Texas Family Code Section 8.054, and they are strict [1].
| Marriage Length | Maximum Maintenance Duration |
|---|---|
| 10 to under 20 years | 5 years |
| 20 to under 30 years | 7 years |
| 30 years or more | 10 years |
| Family violence exception | 5 years |
| Disability (spouse or child) | Indefinite, subject to review |
For the disability paths, the court can order maintenance for an indefinite period, but the paying spouse can return to court to modify or terminate the order if circumstances change.
The statute also directs courts to 'provide for the shortest reasonable period' that allows the receiving spouse to become self-supporting [11]. That language matters. A judge is not supposed to award the maximum duration just because it is available. If the court thinks you could be employed within two years, expect an order closer to two years than five.
Maintenance ends automatically if the receiving spouse remarries or if either spouse dies. It can also be terminated early if the receiving spouse cohabitates with another person in a romantic relationship, which Texas Family Code Section 8.056 addresses [10].
What factors does a Texas judge actually weigh?
Texas Family Code Section 8.052 lists factors a court must consider [1]. Reading the list tells you a lot about what evidence matters if you end up at a hearing.
The factors include: the financial resources of each spouse after property division; each spouse's ability to meet their own minimum needs; each spouse's education and employment skills; the time needed for the requesting spouse to get education or training; the duration of the marriage; the age, employment history, earning ability, and physical and emotional condition of the requesting spouse; each spouse's contribution to the marriage, including homemaking and childcare; the requesting spouse's contribution to the other's education or career; marital property misuse, waste, or fraud on community assets; comparative fault (which Texas limits for this purpose); and any other relevant factors the court finds appropriate.
Fault in the breakup of the marriage, like adultery, can factor in. But Texas courts have moved away from heavily penalizing fault in financial matters compared to older case law. It is not irrelevant, and it is not decisive either.
One factor that often gets underestimated is documented effort to become self-supporting. Courts look favorably on spouses who are actively seeking employment or training. A spouse who appears passive about self-sufficiency may get a shorter duration or a lower amount than someone who can show genuine barriers to employment.
What is the difference between spousal maintenance and contractual alimony?
This distinction matters enormously for enforcement. Court-ordered spousal maintenance is a legal obligation. If the paying spouse misses payments, the receiving spouse can file for enforcement and the court can hold the payer in contempt, garnish wages, or take other enforcement actions. Texas Family Code Chapter 8 provides the enforcement mechanism [1].
Contractual alimony lives in the divorce decree or a separate agreement as a contract. It does not carry the same automatic contempt enforcement. If the payer stops paying, the receiving spouse has to sue for breach of contract rather than filing a simple enforcement motion. That is slower and more expensive.
The upside of contractual alimony is flexibility. There is no $5,000 cap, no 10-year marriage requirement, no minimum-needs threshold, and no duration limit set by statute. Wealthy couples negotiating in good faith can agree to almost any arrangement. You will see this more often in high-asset divorces where one spouse gives up maintenance claims in exchange for a larger property settlement.
If you and your spouse are negotiating an uncontested divorce, contractual alimony is worth discussing if the court-ordered version would not cover your needs or if you do not technically qualify. The key is getting it drafted correctly in the decree, because vague language in a contract is unenforceable. See your divorce papers section and consider whether your situation calls for a lawyer's review of the alimony language specifically, even if the rest of your divorce is DIY.
For a broader look at how alimony works across states, the alimony overview on this site covers the national picture.
Can you get alimony in a Texas uncontested divorce?
Yes, though it requires both spouses to agree. In a truly uncontested divorce, the parties negotiate and agree on all terms before filing. If spousal maintenance or contractual alimony is part of the deal, it gets written into the divorce decree that both spouses sign.
Court-ordered spousal maintenance in an uncontested setting is uncommon, simply because if both spouses agree, they usually structure it as contractual alimony instead. The court-ordered version with its statutory caps and duration limits is a floor for contested cases. Spouses who are cooperating tend to write their own terms.
If you are filing an uncontested divorce and you want any form of ongoing support included, the language in your decree has to be precise. Generic forms often have a checkbox for spousal maintenance without providing the payment schedule, termination conditions, or enforcement mechanism. That vagueness causes problems later.
DivorceClear's $149 document packet includes spousal support language that you can customize for agreed amounts and durations, which helps if your divorce is uncontested and you have already worked out the terms with your spouse.
If you are the higher-earning spouse and you suspect your spouse will request maintenance in a contested hearing, an uncontested resolution is generally better for you. Judges have discretion, and contested maintenance hearings can produce outcomes neither party saw coming.
Does Texas consider fault when awarding spousal maintenance?
Fault is one of the factors a court may consider under Section 8.052, but it is not the dominant factor it once was, and the statute does not assign it extra weight relative to the other factors [1].
Adultery is the most commonly raised fault ground. Courts can reduce or deny maintenance to a spouse who committed adultery, or they can increase an award to a spouse whose partner was unfaithful. In practice, judges vary widely on how much they weigh it. Without a clear connection between the fault and the requesting spouse's financial need, fault tends to move the needle less than people expect.
Family violence is treated differently. If the paying spouse committed family violence during the marriage, that is more than a fault factor. It can open the door to eligibility under the domestic violence exception that bypasses the 10-year marriage requirement. Texas Family Code Section 8.051 addresses this directly [1].
Wastefulness or fraud on community assets is taken seriously. A spouse who gambled away marital funds, dissipated assets, or hid community property will find that working against them in the maintenance analysis, and potentially in the property division too.
How do you request spousal maintenance in a Texas divorce?
In a contested divorce, you request spousal maintenance in your Original Petition for Divorce or in a counter-petition. You include a request for spousal maintenance and, ideally, factual allegations that support your eligibility under Section 8.051.
The Texas Office of Court Administration and legal aid groups provide self-help forms through the Texas Law Help website [2], and some counties have their own self-help centers attached to district courts. Harris County, Dallas County, Bexar County, and Travis County all have resources [3]. These forms are a starting point, but they are basic, and maintenance-related language often needs customization.
At the hearing, you have to present evidence. That means pay stubs or tax returns showing income and expenses, documentation of any disability, records of the marriage length (the marriage certificate), any documentation of family violence, and evidence of your employability or barriers to employment. The burden is on the requesting spouse to show eligibility.
In an uncontested divorce, the process is simpler. Both spouses sign a final decree that includes the agreed maintenance terms, the judge reviews it, and it becomes an enforceable order once signed. You do not need a separate hearing if everything is agreed.
Filing fees in Texas vary by county. As of 2024, divorce filing fees run roughly $250 to $350 in most Texas counties, though some rural counties are lower [4]. If you cannot afford fees, you can request a fee waiver (Statement of Inability to Afford Payment of Court Costs) [2].
Can spousal maintenance in Texas be modified or terminated?
Yes, on both counts. Texas Family Code Section 8.057 lets either spouse file a motion to modify maintenance if there has been a material and substantial change in circumstances since the order was made [1]. Common grounds include a significant pay increase or decrease for either spouse, a disability that develops after the order, or the receiving spouse getting a job that changes their financial situation.
Automatic termination happens when the receiving spouse remarries. It also happens on the death of either party. Under Section 8.056, cohabitation in a romantic relationship is also grounds for termination, but it requires a motion and hearing. It does not terminate automatically the way remarriage does [10].
A paying spouse who loses their job or has a medical event that cuts their income should file for modification right away. Texas courts do not automatically reduce arrears retroactively, so falling behind and then filing is more dangerous than filing the moment circumstances change.
For spouses receiving maintenance tied to a disability, the indefinite orders are subject to periodic review. Courts can set review hearings on their own schedule, or either party can file for modification when their situation changes.
Is Texas spousal maintenance taxable?
The federal tax treatment of alimony changed with the Tax Cuts and Jobs Act of 2017 [5]. For divorce agreements executed after December 31, 2018, alimony is no longer deductible by the payer and is no longer included in the recipient's gross income. That is a big shift from prior law.
For divorce agreements executed before January 1, 2019, the old rules still apply if the agreement has not been modified to state that the new rules apply. IRS Publication 504 covers this in detail [5].
So for any Texas divorce being filed today, spousal maintenance and contractual alimony are tax-neutral at the federal level. Neither spouse gets a deduction or owes income tax on the payments. That makes the after-tax value of a maintenance award simpler to calculate than it was before 2019, but it also means the payer gets no tax benefit to offset the cost.
Texas has no state income tax, so there is no state-level tax issue to analyze [6].
What are the realistic chances of getting spousal maintenance in Texas?
The honest answer is lower than most people expect. Family law practitioners widely regard Texas as one of the harder states to win maintenance in. The eligibility requirements, the caps, and the judicial culture all tilt against long-term awards.
Nobody has clean statewide data on maintenance award rates in Texas. The closest public picture comes from survey work by legal aid organizations and family law sections of bar associations, which consistently describe spousal maintenance as a minority outcome even in marriages over 10 years where one spouse does not work.
The disability path offers the best chance of an indefinite award, but it requires documented medical evidence, and courts scrutinize it. The 10-year marriage path is more common numerically, but judges apply the 'minimum reasonable needs' standard seriously. A spouse who has employment skills, even rusty ones, will face pressure from the bench to use them.
If your marriage lasted fewer than 10 years and there was no family violence and no disability, court-ordered spousal maintenance is essentially unavailable to you. Contractual alimony is your only realistic option, and that requires your spouse to agree.
For context on how divorce plays out broadly, the divorce rate in America overview gives a useful backdrop, and if you are working through whether an attorney makes sense for your case, the divorce attorney guide covers when professional help is worth the cost.
Frequently asked questions
How long do you have to be married to get alimony in Texas?
The general rule under Texas Family Code Section 8.051 is 10 years. Exceptions apply if your spouse was convicted of family violence against you or your child, if you have a physical or mental disability preventing sufficient income, or if you are the custodial parent of a disabled child whose care prevents you from working. In those cases, there is no minimum marriage length.
What is the maximum amount of spousal maintenance in Texas?
Texas Family Code Section 8.055 caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income. Both limits apply at the same time, so if 20% of gross monthly income is $2,200, the cap is $2,200 regardless of the $5,000 ceiling. There is no minimum amount; courts can award whatever they find appropriate below that ceiling.
Does Texas recognize permanent alimony?
Texas does not award permanent spousal maintenance in the traditional sense. The only path to an indefinite order is through the disability provisions: either your own disability or caring for a disabled child of the marriage. Even those orders are subject to modification or termination if circumstances change. For marriages under 30 years, the standard maximum is 10 years, and courts are directed to award the shortest period needed.
What is the difference between spousal maintenance and contractual alimony in Texas?
Spousal maintenance is court-ordered under Chapter 8 of the Texas Family Code and carries statutory caps and duration limits. Contractual alimony is an agreement between spouses written into the divorce decree. It has no statutory caps and can be structured however both parties agree. Enforcement differs too: spousal maintenance uses the court's contempt power, while contractual alimony is enforced as a breach of contract claim.
Can a husband get alimony in Texas?
Yes. Texas spousal maintenance law is gender-neutral. Either spouse can request maintenance from the other. The same eligibility criteria, caps, and duration limits apply regardless of which spouse earns more. In practice, requests from husbands are less common statistically, but the legal standard is identical.
Does adultery affect alimony in Texas?
It can. Adultery is one of the factors a court may consider under Texas Family Code Section 8.052 when deciding the nature, amount, and duration of maintenance. Courts can reduce or deny maintenance to a spouse who committed adultery, or increase it if the other spouse did. In practice, its weight depends on the judge and the other facts in the case; it rarely determines the outcome on its own.
How do I prove I qualify for spousal maintenance in Texas?
You need to show two things: you meet one of the eligibility categories in Section 8.051, and you will lack sufficient property after the divorce to provide for your minimum reasonable needs. Evidence typically includes tax returns, pay stubs, bank statements, expense records, medical documentation for disability cases, the marriage certificate proving marriage length, and any records related to family violence if that exception applies.
Can spousal maintenance be waived in Texas?
Yes. Spouses can waive spousal maintenance in a valid prenuptial or postnuptial agreement under Texas Family Code Chapter 4. A waiver in a premarital agreement must meet the requirements for enforceability under the Texas Uniform Premarital Agreement Act, including that the agreement was signed voluntarily and the waiving spouse had fair disclosure of the other's financial situation.
Does Texas spousal maintenance affect child support?
They are calculated separately. Child support follows a percentage-of-income formula under Texas Family Code Chapter 154, and spousal maintenance is governed by Chapter 8. In practice, both obligations come out of the paying spouse's income, so a court does consider overall financial burden. But there is no statutory offset where one reduces the other; they are independent obligations.
What happens to spousal maintenance if I move out of Texas?
The order remains in effect. Texas courts retain jurisdiction to enforce a Texas maintenance order even if parties move, under the Uniform Interstate Family Support Act (UIFSA), which Texas has adopted. The receiving spouse can register the order in the new state for enforcement. The paying spouse still owes the amount in the Texas order until it expires, is modified by a court, or a termination event occurs.
Is spousal maintenance in Texas taxable income?
No, under current federal law. The Tax Cuts and Jobs Act of 2017 eliminated the deduction for payers and the income inclusion for recipients for any divorce agreement executed after December 31, 2018. For agreements before that date, the old rules still apply unless the agreement was modified to adopt the new treatment. Texas has no state income tax, so there is no state-level tax on maintenance regardless.
How long does it take to get spousal maintenance ordered in Texas?
In a contested divorce with a maintenance dispute, the timeline depends on the court's docket, but contested Texas divorces often take six months to two years. There is a mandatory 60-day waiting period in Texas before any divorce can be finalized, regardless of how simple it is. In an uncontested divorce where maintenance is agreed, the decree can be signed and finalized shortly after the 60-day period expires.
Can I get temporary spousal support while the divorce is pending in Texas?
Yes. Texas Family Code Chapter 6 allows courts to issue temporary orders while a divorce is pending, including temporary spousal support. This is separate from the permanent spousal maintenance analysis under Chapter 8 and is meant to maintain the status quo during the divorce proceedings. You request it by filing a motion for temporary orders early in the case.
Sources
- Texas Legislature Online, Texas Family Code Chapter 8 (Maintenance): All eligibility rules, caps ($5,000/month or 20% of gross income), duration limits, modification grounds, and termination events for Texas spousal maintenance
- Texas Law Help (texaslawhelp.org), self-help divorce forms and fee waiver information: Texas provides self-help forms for divorce and a Statement of Inability to Afford Payment of Court Costs for fee waivers
- Texas Office of Court Administration, Self-Help Centers directory: Harris, Dallas, Bexar, and Travis counties have self-help center resources attached to district courts
- Texas Office of Court Administration, District Court Filing Fees: Divorce filing fees in Texas range roughly $250 to $350 in most counties as of 2024
- IRS, Publication 504: Divorced or Separated Individuals: Under the Tax Cuts and Jobs Act of 2017, for divorce agreements after December 31, 2018, alimony is not deductible by the payer and not included in the recipient's gross income
- Texas Comptroller of Public Accounts, Texas Tax Code overview: Texas has no state individual income tax, so spousal maintenance payments carry no state tax consequence
- Texas Legislature Online, Texas Family Code Chapter 4 (Premarital and Marital Property Agreements): Spouses can waive spousal maintenance in a valid premarital or marital property agreement under Texas Family Code Chapter 4
- Texas Legislature Online, Texas Family Code Chapter 154 (Child Support): Texas child support is calculated under a separate statutory formula in Chapter 154, independent of spousal maintenance
- Texas Legislature Online, Texas Family Code Chapter 6 (Temporary Orders): Courts may issue temporary spousal support orders under Chapter 6 while a divorce is pending
- Texas Legislature Online, Texas Family Code Section 8.056 (Termination of Maintenance): Spousal maintenance terminates automatically on remarriage of the receiving spouse or death of either spouse; cohabitation requires a court motion
- Texas Legislature Online, Texas Family Code Section 8.054 (Duration of Maintenance Obligation): The statute states courts 'shall provide for the shortest reasonable period' allowing the supported spouse to meet minimum needs; maximum durations are 5, 7, or 10 years based on marriage length