Last updated 2026-07-09
TL;DR
Texas has alimony, but it goes by spousal maintenance and it's harder to get than in most states. A court can order up to $5,000 per month (or 20% of gross income, whichever is less) for a limited time. You have to clear specific eligibility thresholds. Spouses can also agree to contractual alimony without meeting any of those thresholds.
What is alimony called in Texas?
Texas calls it spousal maintenance, not alimony. That's more than a naming quirk. The word choice signals something real: Texas treats post-divorce support as a narrow exception, not a standard piece of every divorce, and the legislature has kept the eligibility rules tight on purpose.
There's a second category too, one courts don't order but spouses can negotiate: contractual alimony. This is a private agreement written into your divorce decree. Courts don't control the amount or the duration, but they will enforce it like any other contract. If you want flexibility, contractual alimony is often the route. If you're the lower-earning spouse hoping a judge will award support, the statutory spousal maintenance rules are what decide your fate.
For a broader look at how alimony works across states, the alimony overview is worth reading before you go deep on the Texas-specific rules.
Does Texas law actually allow spousal maintenance?
Yes, and it has since 1995. Before that, Texas had no court-ordered post-divorce support at all. The Texas Family Code, Chapter 8 [1], governs spousal maintenance today. Section 8.051 sets out who qualifies, section 8.054 caps the duration, and section 8.055 caps the dollar amount.
Texas Family Code § 8.055(a) says: "a court may not order maintenance that requires an obligor to pay monthly more than the lesser of (1) $5,000; or (2) 20 percent of the spouse's average monthly gross income." [1] That language matters because it's a hard ceiling, not a guideline. A judge has no room to go above it.
The law has been amended several times since 1995, and the amendments tightened eligibility rather than expanded it. Texas is not trending toward more generous spousal support. If anything, the legislative history runs the other way.
Who qualifies for spousal maintenance in Texas?
You have to fit at least one of four statutory pathways under § 8.051 [1]. If none of them fit, a judge cannot order support, full stop. This is where Texas splits hardest from states like California or New York.
Pathway 1: Long marriage plus inability to earn. The marriage lasted at least 10 years, and the spouse seeking support lacks enough property to meet minimum reasonable needs AND either can't work because of a physical or mental disability, is the primary caregiver of a child who needs substantial care due to a disability, or clearly can't earn enough in the job market to meet minimum reasonable needs. Those last three are alternatives. You need one, not all three.
Pathway 2: Family violence. The paying spouse was convicted of, or got deferred adjudication for, a family violence offense against the other spouse or the couple's child within two years before the divorce was filed, or while the divorce was pending. The 10-year marriage rule does not apply here.
Pathway 3: Disability. The spouse seeking maintenance has a physical or mental disability that keeps them from earning enough to meet minimum reasonable needs. Marriage length doesn't control this pathway either.
Pathway 4: Custodial parent of a disabled child. The spouse is the custodial parent of a child from the marriage who needs substantial care and personal supervision because of a physical or mental disability, and that care makes it impossible for the spouse to work enough to meet minimum reasonable needs.
If none of those fit, a judge can't order spousal maintenance. Period. That's why contractual alimony carries so much weight in Texas divorces where the marriage was, say, eight years long and there's no disability or violence in the picture.
"Minimum reasonable needs" is a phrase the statute uses but never defines precisely. Courts look at actual living expenses, earning history, and the local cost of living. Nobody has a clean formula for it. It ends up being a fact-intensive fight at trial.
How much can a Texas court award in spousal maintenance?
The cap is $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is lower [1]. In practice the 20% rule bites more often than the $5,000 ceiling. A spouse earning $18,000 per month has a cap of $3,600, not $5,000.
Below the cap, courts weigh the factors in § 8.052 [1]: each spouse's ability to meet their own minimum reasonable needs; the length of the marriage; the age, employment history, earning ability, and health of the recipient; whether either spouse wasted marital assets; contributions as a homemaker; comparative financial resources; ability to meet needs while paying child support; property brought into the marriage; and any history of family violence.
No formula spits out a number. Judges have discretion inside the cap, and what a court awards in Dallas can look different from what a court awards in a small county with its own local norms. If you're litigating this, local experience matters a lot. If you're negotiating contractual alimony, you can agree to any amount you want.
| Factor | Court's Role |
|---|---|
| Marriage length | Directly affects eligibility (10-yr rule) and duration |
| Disability (recipient) | Can establish eligibility; affects duration |
| Income of paying spouse | Sets the 20% ceiling |
| Homemaker contributions | Weighs toward higher award |
| Family violence conviction | Establishes eligibility regardless of marriage length |
| Marital waste or misconduct | Can reduce award |
| Property awarded in division | Reduces need; can eliminate maintenance entirely |
How long does spousal maintenance last in Texas?
Texas sets explicit durational caps in § 8.054 [1], and they run shorter than most people expect. Marriage length drives the ceiling.
For the family violence pathway, the maximum is 5 years.
For a marriage of at least 10 years but less than 20 years, the maximum is 5 years.
For a marriage of at least 20 years but less than 30 years, the maximum is 7 years.
For a marriage of 30 years or more, the maximum is 10 years.
For the disability pathways (the recipient's own disability or a disabled child), the court can order maintenance for as long as the disability continues, with no fixed cap. That's the one place indefinite maintenance exists in Texas.
The statute also tells courts to order "the shortest reasonable period" unless the recipient's disability justifies a longer term. That phrasing pushes judges toward the low end of the range, not the maximum. A 15-year marriage doesn't automatically get 5 years of maintenance. A judge could award 2 years and stay well within the statute.
Maintenance ends automatically on the death of either spouse or the remarriage of the recipient. It can also be terminated or modified if the recipient lives with another person in a permanent romantic relationship [1].
What is contractual alimony in Texas and how is it different?
Contractual alimony is a voluntary agreement between spouses, not a court order. Because it's contract-based, the Texas Family Code's eligibility requirements, dollar caps, and durational limits don't apply. You can agree to $8,000 per month for 15 years if both spouses sign off.
The tradeoff is enforcement. Court-ordered spousal maintenance can be enforced through contempt, which means a judge can fine or jail a spouse who won't pay. Contractual alimony is enforced as a breach-of-contract claim, which usually means filing a separate civil lawsuit and getting a money judgment. That's slower and more expensive if you end up chasing payments.
Tax treatment changed with the Tax Cuts and Jobs Act of 2017 [2]. For divorce agreements finalized after December 31, 2018, alimony payments are no longer deductible for the payer and no longer taxable income for the recipient. This covers both court-ordered maintenance and contractual alimony. If your settlement agreement was signed before 2019 and hasn't been modified since, the old rules (deductible for the payer, taxable to the recipient) still apply.
That change flipped the math in settlement talks. The payer no longer gets a deduction, so large contractual alimony payments cost more after tax than they used to. Plan around the actual net numbers, not the headline figure.
How does Texas compare to other states on alimony?
Texas is one of the most restrictive states in the country on post-divorce spousal support. Stack up the 10-year marriage threshold, the 20%/$5,000 cap, and the short durational limits, and Texas lands at the far end of the restrictive spectrum.
California has no statutory cap on amount or duration, and a court can award permanent alimony after a long marriage. New York ended permanent alimony in 2015 but still runs a formula (the lower of 30% of the higher-earning spouse's income minus 20% of the lower-earning spouse's income, or 40% of combined income minus the lower-earning spouse's income) [3] with no hard dollar ceiling like Texas's $5,000.
For a wider view of how alimony works across jurisdictions, the variation is striking.
| State | Durational cap | Dollar cap | Marriage threshold |
|---|---|---|---|
| Texas | 5-10 years (disability: indefinite) | $5,000/mo or 20% income | 10 years (except disability/violence) |
| California | None (court discretion) | None | None |
| New York | Formula-based, no hard cap | None | None |
| Florida | Indefinite possible for long marriages | None | None |
| Texas (contractual) | None | None | None |
Source: Texas Family Code § 8.054-8.055 [1]; New York Domestic Relations Law § 236(B) [3]
Can you get alimony in a Texas uncontested divorce?
Yes, and this is one of the cleaner paths. In an uncontested divorce, both spouses agree on everything, including whether support gets paid. If you agree to contractual alimony, you write those terms into the divorce decree, and the court approves the decree as a whole. You're not asking a judge to make a spousal maintenance finding. You're asking the court to approve your agreement.
For court-ordered spousal maintenance in an uncontested case, you technically still have to meet the statutory eligibility requirements. In practice, if both spouses agree on an amount and duration that fall within the statutory limits, a judge approving an agreed decree is far less likely to grill the eligibility question than one presiding over a contested hearing.
If your divorce is straightforward and you want a support agreement in your paperwork, you need a decree that spells it out. Vague language like "wife will receive support" is not enough. The decree has to state the amount, how often it's paid, the duration, and what triggers termination.
DivorceClear's $149 document packet includes a Texas-specific divorce decree with customizable spousal support provisions. It won't replace a lawyer if your situation is complicated, but for a clean agreed divorce with straightforward support terms, it handles the paperwork. See divorce papers for the documents you'll actually file.
For any divorce involving significant property or contested support, talk to a divorce attorney before you file.
Does a Texas court consider adultery or fault when awarding spousal maintenance?
Somewhat, but not as directly as people expect. Texas is a mixed-fault state: you can file on no-fault grounds (insupportability) or on fault grounds including adultery, cruelty, abandonment, or felony conviction [4].
For spousal maintenance specifically, § 8.052 lists marital misconduct as one factor a court can weigh when setting the amount within the cap. Adultery by the spouse seeking maintenance can shrink or wipe out the award. Adultery by the paying spouse doesn't create an entitlement that wouldn't otherwise exist, but it can move the property division, and property division feeds straight into the "minimum reasonable needs" analysis.
Here's the honest part. Fault grounds rarely swing the financial outcome as far as people hope. Texas is a community property state [5], and courts generally divide community property close to 50/50 absent a real reason to do otherwise. A judge might award 55% or 60% to the wronged spouse in an egregious case, but 70/30 splits are uncommon and tend to draw appeals.
In an uncontested divorce, both spouses agree to insupportability as the ground and fault never comes up. It only matters in contested proceedings.
How do you modify or terminate spousal maintenance in Texas?
Court-ordered spousal maintenance can be modified or terminated if there's a "material and substantial change in circumstances" since the order was signed [1]. Either spouse can file a motion. Common triggers: the paying spouse loses a job, the recipient lands a big raise or remarries, or one spouse's health changes.
Termination is automatic on the death of either party or the recipient's remarriage. Living with a romantic partner in a relationship that looks like a marriage (cohabitation) can also support a termination motion, though the paying spouse has to bring the motion and prove the nature of the relationship.
Contractual alimony works differently. Because it's a contract, not a court order, the "material and substantial change" standard doesn't apply. Changing it takes mutual agreement or a separate lawsuit. If you want flexibility built in, put a modification clause in the contract when you negotiate it. Fixing this after the fact is much harder.
If you're thinking about your finances after the decree is final, see the alimony overview for the bigger picture on rebuilding.
What should you do if you think you qualify for spousal maintenance in Texas?
Start by being honest with yourself about whether you actually meet the eligibility requirements. Run through the four pathways above. If the marriage was under 10 years, there's no disability, and there's no family violence conviction, court-ordered maintenance isn't on the table. Contractual alimony is your only shot, and that hinges on the other spouse agreeing.
If you do qualify, pull your documentation together before you file. For the long-marriage pathway, you'll need to show what you earn (or can't earn) and what your reasonable monthly expenses run. Pay stubs, bank statements, evidence of job applications, medical records for disability claims, and a written monthly budget all help your case.
For the family violence pathway, the conviction record or deferred adjudication paperwork is the core exhibit. Protective orders and police reports fill in the picture, but they don't substitute for an actual conviction or deferred adjudication.
If the divorce is contested and maintenance is in dispute, a divorce lawyer is worth the cost here. The eligibility analysis layers case law on top of the statute, and the dollar amount turns on how well you present the financial picture at a hearing. For uncontested cases where you've already agreed on support terms, you can proceed without a lawyer, but make sure the decree language is precise.
The Texas State Law Library keeps a self-help section with family law resources [6], and the Texas Courts website links to county-level self-help centers [7] where you can get basic procedural guidance for free.
Frequently asked questions
How long do you have to be married to get alimony in Texas?
The general rule is 10 years. If the marriage lasted at least 10 years and the spouse seeking support can't meet their minimum reasonable needs through their own income or property, they may qualify under § 8.051 of the Texas Family Code. The 10-year rule doesn't apply to the disability or family violence pathways, which have no marriage length requirement.
Is Texas a community property state and does that affect alimony?
Yes, Texas is a community property state. Property acquired during the marriage generally belongs to both spouses equally, and courts start from a presumption of a 50/50 division. Because a spouse may receive a significant share of community property, courts often find that minimum reasonable needs are already met through the property settlement, which can reduce or eliminate a spousal maintenance award.
What is the maximum alimony payment in Texas?
Texas Family Code § 8.055 caps court-ordered spousal maintenance at $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is lower. Contractual alimony between spouses has no legal cap because it's a voluntary agreement, not a court-ordered payment.
Is spousal maintenance taxable in Texas?
For divorce agreements finalized after December 31, 2018, spousal maintenance and contractual alimony are not deductible for the payer and not taxable income for the recipient. This is a federal rule under the Tax Cuts and Jobs Act of 2017, and it applies in Texas just like every other state. Agreements finalized before 2019 that haven't been modified keep the old tax treatment.
Can a husband get alimony in Texas?
Yes. Texas law uses gender-neutral language. Either spouse can seek spousal maintenance or negotiate contractual alimony, depending on the circumstances. The eligibility requirements are the same regardless of which spouse is the lower earner.
Does adultery affect alimony in Texas?
It can. A court may consider marital misconduct, including adultery, when setting the amount of spousal maintenance within the statutory cap. If the spouse requesting maintenance committed adultery, that can reduce or eliminate the award. Adultery by the paying spouse doesn't by itself create a maintenance entitlement, but it can influence property division, which feeds into the needs analysis.
How do you enforce alimony in Texas if the other spouse stops paying?
Court-ordered spousal maintenance can be enforced through a motion for enforcement or contempt in the same court that issued the order. A judge can impose fines or jail time. Contractual alimony requires a separate breach-of-contract lawsuit to get a money judgment, which is slower and more expensive. If you're negotiating, understand the enforcement difference before choosing the form.
Can you waive alimony in a Texas divorce?
Yes. In an uncontested divorce, both spouses can agree that no spousal support will be paid. That waiver should be written into the final divorce decree. If you leave it out and a court later reads the silence as not waiving the right, you could face a future claim. Clear language in the decree protects both spouses.
What is the difference between spousal maintenance and contractual alimony in Texas?
Spousal maintenance is court-ordered under Texas Family Code Chapter 8 and is subject to eligibility requirements, a $5,000/month cap, and durational limits. Contractual alimony is a private agreement with no statutory caps or eligibility rules, but it's enforced as a contract rather than a court order, which makes non-payment harder and slower to address.
How does a Texas judge decide whether to award spousal maintenance?
The judge first checks whether the requesting spouse meets one of the four statutory eligibility pathways. If yes, the court weighs the factors in § 8.052, including marriage length, earning capacity, age, health, homemaker contributions, property awarded in the divorce, and any family violence history. The award must be the shortest reasonable duration and can't exceed the dollar cap.
Does spousal maintenance stop if the recipient moves in with a new partner?
It can. Under Texas Family Code § 8.056, a court may terminate maintenance if the recipient lives with another person in a permanent romantic relationship. The paying spouse has to file a motion and prove the nature of the cohabitation. It's not automatic like remarriage, but it's a real termination ground worth knowing about.
How do I include alimony in an uncontested Texas divorce?
You write the support terms directly into the divorce decree. The decree should specify the payment amount, frequency, start date, duration, and what events trigger termination. Both spouses sign it, and the court approves it. For contractual alimony, you want a separate Contractual Alimony Agreement referenced in and attached to the decree, though some practitioners include it in the decree itself.
Sources
- Texas Legislature, Texas Family Code Chapter 8 (Maintenance): Texas Family Code § 8.051 (eligibility), § 8.052 (factors), § 8.054 (duration caps), § 8.055 (dollar cap of $5,000/month or 20% of gross income), § 8.056 (termination for cohabitation)
- IRS, Tax Cuts and Jobs Act changes to alimony deduction: For divorce agreements finalized after December 31, 2018, alimony is no longer deductible for the payer or taxable for the recipient under the Tax Cuts and Jobs Act of 2017
- New York State Legislature, Domestic Relations Law § 236(B): New York's spousal support formula and lack of a hard dollar cap comparable to Texas's $5,000 limit
- Texas Legislature, Texas Family Code § 6.001-6.007 (Grounds for Divorce): Texas allows both no-fault (insupportability) and fault-based grounds including adultery and cruelty
- Texas Legislature, Texas Family Code § 3.002 and § 7.001 (Community Property and Division): Texas is a community property state; courts divide community property in a manner the court deems just and right
- Texas State Law Library, Family Law Self-Help Resources: Texas State Law Library maintains family law self-help materials for pro se litigants
- Texas Courts, Self-Help Center Information: Texas Courts website links to county-level self-help centers offering procedural guidance
- Texas Legislature, Texas Family Code § 8.054 (Duration of Maintenance Order): Duration caps: 5 years for marriages 10-20 years or family violence; 7 years for 20-30 year marriages; 10 years for 30+ year marriages; indefinite for disability cases
- Texas Legislature, Texas Family Code § 8.051 (Eligibility for Maintenance): Four pathways to spousal maintenance eligibility: long marriage plus inability to earn, family violence conviction, recipient disability, and custodial parent of disabled child
- Texas Office of Court Administration, District and County Court Filing Fees: Court filing processes and fee information for Texas family law cases