Texas alimony laws: what you can actually get (and when)

Last updated 2026-07-09

What is alimony called in Texas, and how does it actually work?

Texas statutes never use the word 'alimony.' The official term is 'spousal maintenance,' defined under Chapter 8 of the Texas Family Code ^[1]. There's a second, entirely different animal called 'contractual alimony,' and knowing which one you're dealing with saves you a lot of grief.

Spousal maintenance is court-ordered. A judge decides whether you qualify, how much you get, and how long payments run. The rules are strict on purpose. Texas courts start from a presumption that maintenance is not warranted, and the spouse asking for it has to knock that presumption down.

Contractual alimony is different. It's an agreement the two spouses reach on their own and write into their divorce settlement ^[2]. Courts don't cap it, don't apply the eligibility tests, and don't limit how long it lasts. It's pure contract law. If both spouses agree that one pays the other $3,000 a month for five years, they can put that in the decree and it holds. The catch: breach of a contractual alimony agreement can't be punished with contempt of court, only with a civil lawsuit.

For most people reading this, the live question is court-ordered spousal maintenance, because contractual alimony needs both spouses to say yes. If your divorce is contested, the statutory rules below are what a judge applies.

Who qualifies for spousal maintenance in Texas?

Texas Family Code Section 8.051 sets the eligibility gates, and they're narrow ^[1]. First you have to show you lack enough property after the divorce to cover your 'minimum reasonable needs.' That alone doesn't get you there. You also have to fit one of these four categories:

The 10-year marriage rule. The marriage lasted at least 10 years AND the spouse asking for maintenance genuinely can't earn enough to meet minimum reasonable needs. This is the most common path.

Family violence. The paying spouse was convicted of, or got deferred adjudication for, a family violence offense during the marriage or while the divorce was pending. No minimum marriage length applies here.

Disability of the asking spouse. The spouse seeking maintenance has a physical or mental disability that keeps them from earning enough to meet minimum reasonable needs.

Custodial parent of a disabled child. The spouse seeking maintenance is the custodian of a child of the marriage whose physical or mental disability requires substantial care, and that care keeps the parent from earning enough.

Miss all four buckets and a Texas court has no power to order maintenance. Period. There's no exception for a short marriage where one spouse gave up a career, no catch-all judicial discretion. The statute is that specific ^[1].

On the 10-year route, the court adds one more hurdle: a rebuttable presumption that maintenance is 'not warranted' unless the requesting spouse made diligent efforts to earn enough income, or to build the skills to earn it, while the divorce was pending ^[1]. You can't sit on your hands until the divorce is final and then ask a judge to bail you out.

How much can a Texas court actually award?

The ceiling is baked into the statute. Monthly maintenance can't top the lesser of $5,000 or 20% of the paying spouse's average monthly gross income ^[1]. Texas Family Code Section 8.055 sets that limit.

That 20% runs on gross income, not take-home pay. Earn $8,000 a month gross and 20% is $1,600, which is under $5,000, so $1,600 caps you. Earn $30,000 a month gross and 20% is $6,000, which tops $5,000, so $5,000 caps you. Nothing complicated about the math.

Inside that cap, judges weigh a list of factors from Section 8.052 ^[1]:

Factor	What the court weighs
Each spouse's financial resources	Income, assets, debts after property division
Education and job skills	Can the recipient realistically get a job?
Duration of marriage	Longer marriages weigh toward more support
Age, employment history, earning ability	Employability of the requesting spouse
Contributions as homemaker	Time spent raising children, supporting other spouse's career
Marital misconduct	Adultery or cruelty can reduce or eliminate maintenance
History of family violence	A conviction weighs toward awarding maintenance
Child support obligations	Whether the paying spouse is already paying child support

No single factor decides it. Courts balance the whole set. The closer your ask sits to the $5,000 cap, the more proof you'll need to carry. A judge signing off on $500 a month wants far less justification than one signing off on $4,900.

One caution on 'minimum reasonable needs.' Texas courts have never pinned it to a bright-line dollar figure, and the case law shifts by region. It generally covers basic housing, food, utilities, clothing, and healthcare, not the lifestyle you had while married ^[3].

How long does spousal maintenance last in Texas?

Duration turns on which category you qualified under and how long you were married. Texas Family Code Section 8.054 sets the limits ^[1]:

• Family violence conviction: up to 5 years
• Marriage of 10 to 20 years: up to 5 years
• Marriage of 20 to 30 years: up to 7 years
• Marriage of 30 or more years: up to 10 years
• Disability of the seeking spouse or a disabled child: no fixed cap under 8.054; the court sets the term, and maintenance can run as long as the disability lasts

These are ceilings, not promises. A judge can order less time than the cap allows. The statute's stated aim is that maintenance lasts only as long as the recipient needs to become self-supporting ^[1].

Maintenance ends automatically when the recipient remarries ^[1]. It also ends if the recipient lives with a new partner in a 'romantic or sexual relationship' on a 'continuing, exclusive basis,' though the paying spouse has to go back to court and prove the cohabitation to stop payments ^[1]. Death of either spouse ends it too.

The paying spouse can ask for a modification if circumstances change materially and substantially. Job loss, serious illness, or the recipient landing a well-paying job all count.

What's the difference between spousal maintenance and contractual alimony in Texas?

This distinction matters a lot, especially if you're settling your own divorce.

Spousal maintenance is what a judge orders under Chapter 8. It carries the eligibility gates, the $5,000 cap, and the duration limits above. Breach of a maintenance order can be enforced by contempt, which means the paying spouse can land in jail for nonpayment ^[2].

Contractual alimony is a private deal. Both spouses agree in writing, it gets folded into the divorce decree, and courts enforce it like any contract. No eligibility tests. No dollar cap. No statutory duration limit. But if the paying spouse quits paying, the recipient files a civil breach-of-contract suit, not a contempt motion. That's slower and pricier to chase down.

Here's the part people miss. In an uncontested divorce where both spouses are willing to agree on some post-divorce support, contractual alimony is the more flexible tool. You can set a fixed monthly amount, a lump sum, payment of specific bills (health insurance, a mortgage), or a mix. You write it into your marital settlement agreement, and it becomes part of the final decree.

Want help drafting a settlement agreement with a support clause? Start by understanding your divorce papers before you structure anything.

For how alimony works across states, see our alimony overview.

How does Texas property division affect whether you need alimony?

Texas is a community property state. Property and debt acquired during the marriage is presumed owned equally by both spouses and gets a 'just and right' division at divorce ^[4]. In practice that often lands near a 50-50 split, though courts can shift it based on fault, gaps in earning power, and other factors.

A spouse who walks away with real community property (a home with equity, retirement accounts, investment accounts) has a much harder time arguing they lack enough property to meet minimum reasonable needs. The court reads the whole financial picture after division, not before.

Separate property is different. Assets owned before marriage, or received as a gift or inheritance during it, don't get divided ^[4]. But a court still counts that separate property when it sizes up whether the spouse seeking maintenance can support herself.

Here's the practical read. If the property split leaves both spouses on roughly equal financial footing, a maintenance claim gets weak fast. If one spouse comes out with far less earning potential and fewer assets after years of career sacrifice in a long marriage, the math tilts the other way.

Can a spouse waive alimony in a Texas prenup?

Yes. A valid prenuptial agreement can waive the right to seek spousal maintenance outright, or cap the amount or duration below the statutory maximums ^[5]. Texas follows the Uniform Premarital Agreement Act, codified at Chapter 4 of the Texas Family Code.

For the waiver to hold, the prenup had to be signed voluntarily, the waiving spouse had to get adequate disclosure of the other's finances (or waive that disclosure in writing), and the agreement can't be unconscionable when someone tries to enforce it ^[5].

No prenup? If both spouses want to settle without court-ordered maintenance, they can negotiate contractual alimony terms (including zero) in the marital settlement agreement. That becomes binding the moment the court signs the decree.

Does marital fault affect alimony in Texas?

It can, for spousal maintenance. Texas Family Code Section 8.052 lists 'marital fault in the breakup of the marriage' among the factors a court weighs when setting the amount ^[1]. That includes adultery and cruelty.

So if the spouse asking for maintenance committed adultery, a court can cut or deny the award over it. If the paying spouse committed adultery, that doesn't help him dodge maintenance, and it can push property division against him.

In a settlement, fault becomes a bargaining chip. The at-fault spouse may agree to more generous support to close the deal and avoid a fight.

Texas is a no-fault divorce state in the sense that you can divorce without proving fault. But fault grounds stay on the menu, and they carry real financial weight when someone asserts them ^[4].

What does the process look like if you're seeking spousal maintenance?

In a contested divorce, you request spousal maintenance in your original petition or counter-petition, then bring evidence to trial or a temporary orders hearing. The burden sits on the spouse asking for it.

In an uncontested divorce where both spouses agree on support, you skip the fight. You write the terms into your marital settlement agreement, and the judge approves it when signing the final decree. The judge still has to find the deal 'just and right,' but agreed terms rarely get rejected when they're reasonable on their face.

For a contested case, you almost certainly want a divorce attorney, or at least a divorce lawyer for a limited-scope consult. Gathering evidence, documenting finances, and arguing at trial are not places where going it alone tends to end well.

For an uncontested divorce where you've already settled the support terms (or agreed there won't be any), the paperwork is manageable. The Texas State Law Library runs a self-help guide on the family law forms courts use, and the Texas courts website posts approved forms and instructions ^[6]. If you want every form assembled and checked against Texas rules without attorney fees, DivorceClear's $149 document packet covers the full uncontested divorce paperwork for Texas, including a marital settlement agreement where you can spell out any contractual spousal support.

The filing fee to open a divorce in Texas depends on the county. In the big ones (Harris, Dallas, Travis, Bexar), the initial fee runs roughly $250 to $350 ^[7]. And Texas imposes a 60-day waiting period from the filing date before any divorce can be finalized ^[4].

How do Texas courts enforce spousal maintenance orders?

If the paying spouse falls behind on court-ordered maintenance, the recipient files a motion for enforcement. Texas law allows enforcement by contempt, which can mean jail time ^[1]. The court can also pull payments straight from the paying spouse's paycheck through a wage withholding order, the same way child support works.

Contractual alimony written into a decree plays by different rules. The Texas Supreme Court has treated contractual alimony provisions as enforceable judgments, but contempt generally isn't on the table for contractual alimony the way it is for court-ordered maintenance ^[2]. The recipient has to file a civil action to collect what's owed.

That enforcement gap is why some lawyers push clients to structure support as court-ordered maintenance whenever the spouses qualify, rather than pure contractual alimony, if there's any real doubt about whether the payer will keep paying.

How does Texas spousal maintenance compare to other states?

Texas is one of the tougher states on alimony. Strict eligibility, a $5,000 monthly cap, and duration limits of 5 to 10 years put it well below states like California, New York, and Massachusetts, where courts hold broad discretion and long-term or even indefinite alimony is possible after a long marriage.

State	Eligibility gatekeeping	Monthly cap	Duration limit
Texas	Strict statutory criteria	$5,000 or 20% gross	5-10 years max
California	Broad judicial discretion	None	Indefinite for long marriages
New York	Broad judicial discretion	Formula-based	Varies, no absolute cap
Florida	No permanent alimony (2023 reform)	No statutory cap	Based on marriage length
Illinois	Statutory formula	Formula-based	Formula-based

Sources: Texas Family Code Ch. 8 ^[1]; California Family Code Sec. 4320 ^[9]; Florida Statutes Sec. 61.08, 2023 amendment ^[10]; Illinois Marriage and Dissolution of Marriage Act Sec. 504.

The strict Texas approach tracks the legislature's stated preference for pushing economic self-sufficiency after divorce over long-term dependency. Whether that's fair policy is a separate argument. It's the law as written.

What about temporary spousal support during the divorce?

Texas courts can order temporary spousal support while the divorce is pending, separate from the permanent maintenance rules ^[1]. Temporary support holds the financial status quo in place while the case moves.

The same cap applies: $5,000 a month or 20% of gross income ^[1]. The spouse asking has to show need, and the paying spouse has to have the ability to pay.

In an uncontested divorce, temporary support usually runs on agreement, not a court order. The spouses work out who pays which bills during the case, informally or in a written temporary agreement, then lock the final arrangement into the decree.

Temporary support ends when the divorce is final and any permanent maintenance or contractual alimony terms kick in.

Is spousal maintenance income taxable in Texas divorces?

This is federal tax law, not Texas law. Under the Tax Cuts and Jobs Act of 2017, for divorce agreements executed after December 31, 2018, alimony and spousal maintenance are no longer deductible by the payer and no longer counted in the recipient's gross income ^[8]. The old rules (deductible for payer, taxable to recipient) still cover decrees executed before January 1, 2019, as long as they weren't modified after that date to adopt the new treatment ^[8].

For divorces finalized in 2019 or later, the tax picture is neutral. The payer pays out of after-tax dollars, and the recipient gets the money tax-free. Factor that into any negotiation over the amount, because the old tax break for the payer (which used to justify larger payments) is gone.

Texas has no state income tax, so there's no state-level wrinkle to add.

Frequently asked questions

How long do you have to be married to get alimony in Texas?

The general rule is 10 years. If your marriage lasted less than 10 years, you can still qualify for spousal maintenance if your spouse was convicted of family violence during or just before the divorce, or if you have a qualifying disability. There's no exception based on career sacrifice or financial need alone for shorter marriages. Texas Family Code Section 8.051 controls.

Can a husband get alimony in Texas?

Yes. Texas spousal maintenance law is gender-neutral. Either spouse can request maintenance from the other, and the same eligibility rules, caps, and duration limits apply regardless of gender. Women request maintenance more often, mostly because of historical wage gaps, but there's no legal barrier to a husband qualifying.

Does adultery affect alimony in Texas?

It can. Marital fault, including adultery, is a factor a court weighs when setting the amount of spousal maintenance under Texas Family Code Section 8.052. If the spouse requesting maintenance committed adultery, a court can cut or deny the award. Adultery by the paying spouse doesn't create a new right to maintenance, but it can shift how other factors get weighed.

What is the maximum alimony payment in Texas?

The cap is the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. If the paying spouse earns $15,000 gross per month, 20% is $3,000, which is under $5,000, so $3,000 is the max. This cap applies to both temporary orders and permanent maintenance under Texas Family Code Section 8.055.

Can you waive alimony in a Texas divorce agreement?

Yes, either through a prenuptial agreement signed before the marriage or through your marital settlement agreement during the divorce. If both spouses agree to waive post-divorce support, a court will generally honor that in an uncontested divorce as long as the overall decree is 'just and right.' The waiver is final once the decree is signed.

How is spousal maintenance different from child support in Texas?

Child support is for the child and gets calculated under a separate formula based on the paying parent's net income. Spousal maintenance is for the former spouse and has its own eligibility rules and caps. A parent can be ordered to pay both at once. The 20% gross income cap for maintenance is figured independently from child support, though child support is a factor the court considers.

Can spousal maintenance be modified after the divorce is final?

Yes. Either spouse can petition to modify or end a spousal maintenance order after a material and substantial change in circumstances. Common grounds include job loss, a big income jump by the recipient, remarriage of the recipient, or serious illness. Contractual alimony written into a decree can only change if both parties agree, unless the decree specifically reserves the court's power to modify it.

Does Texas allow permanent alimony?

Not really. The longest a court-ordered maintenance award can run under Texas law is 10 years, for marriages of 30 or more years. An exception covers a spouse with a permanent disability or one caring for a disabled child, where maintenance can continue as long as the disability lasts. There's no 'permanent alimony' category equivalent to what some other states allow.

What counts as income for calculating spousal maintenance in Texas?

Texas courts look at gross income from all sources: wages, salary, self-employment income, rental income, investment income, Social Security benefits, and more. The 20% cap in Section 8.055 applies to the paying spouse's average monthly gross income. Proving gross income in a contested case usually means producing tax returns, pay stubs, bank statements, and business records.

Does living with someone after divorce end spousal maintenance in Texas?

Yes, if the cohabitation is with a romantic or sexual partner on a continuing and exclusive basis. Texas Family Code Section 8.056 says maintenance terminates on proof of such cohabitation. The paying spouse has to return to court and prove it, which takes evidence. Casual dating or a roommate situation doesn't trigger termination.

How do I ask for spousal maintenance in my Texas divorce petition?

In your Original Petition for Divorce, include a request for spousal maintenance (or the respondent can request it in their Answer and Counter-Petition). You have to plead the specific eligibility ground, such as a 10-plus-year marriage or family violence. In an uncontested divorce, if both spouses agree on contractual alimony terms, you skip this and write the agreement straight into your marital settlement agreement.

Is the 60-day waiting period in Texas affected by a spousal maintenance request?

No. The 60-day waiting period applies to all Texas divorces regardless of whether maintenance is requested. The court can't sign a final decree until 60 days after the petition was filed. A judge can waive the waiting period in cases involving family violence, but that waiver applies to the divorce itself, not specifically to maintenance.

Can a Texas court order the paying spouse to maintain health insurance as spousal maintenance?

Indirectly, yes. Courts can set maintenance in a dollar amount that accounts for the recipient's health insurance costs. They can also fold health insurance provisions into the decree as part of the overall settlement, especially in contractual alimony deals. The Affordable Care Act marketplace is often the realistic option for the spouse who loses coverage after divorce.

Sources

1. Texas Legislature, Texas Family Code Chapter 8 (Maintenance): Texas spousal maintenance eligibility, $5,000/month cap, 20% gross income limit, duration limits, termination on remarriage or cohabitation, and enforcement by contempt, per Texas Family Code Sections 8.051-8.059
2. State Bar of Texas: Distinction between court-ordered spousal maintenance enforceable by contempt and contractual alimony enforced as a civil judgment
3. Texas Office of Court Administration, Texas Courts self-help resources: Minimum reasonable needs standard and self-help resources for Texas family law proceedings
4. Texas Legislature, Texas Family Code Chapter 7 (Property Division) and Chapter 6 (Fault Grounds, Waiting Period): Community property presumption, just-and-right division standard, 60-day waiting period, and availability of fault grounds in Texas divorce
5. Texas Legislature, Texas Family Code Chapter 4 (Premarital and Marital Property Agreements): Prenuptial agreements may waive spousal maintenance rights; enforceability requirements under the Texas Uniform Premarital Agreement Act
6. Texas State Law Library: Texas courts approved self-help family law forms and filing instructions for pro se litigants
7. Texas Judicial Branch, Texas Courts: Texas divorce filing fees range roughly $250-$350 depending on county
8. IRS, Topic No. 452 Alimony and Separate Maintenance: For divorce agreements executed after December 31, 2018, alimony is not deductible by the payer and not included in recipient's gross income under the Tax Cuts and Jobs Act of 2017
9. California Legislative Information, California Family Code Section 4320: California spousal support factors and broader judicial discretion for comparison to Texas
10. Florida Legislature, Florida Statutes Section 61.08 (2023 amendment eliminating permanent alimony): Florida 2023 alimony reform for interstate comparison table