Spousal Maintenance (Alimony) in Texas

Texas courts call alimony spousal maintenance. Court-ordered maintenance in Texas is limited. It is not available in every divorce, and the law sets limits on both the amount and how long it lasts. Spouses can also agree to contractual alimony in their divorce settlement, which is not subject to the same limits.

Who Is Eligible

A court may order maintenance only if the spouse asking for it will lack enough property, including separate property, to meet their minimum reasonable needs, and one of the following applies (Texas Family Code §8.051):

The other spouse was convicted of, or received deferred adjudication for, family violence against the spouse or the spouse’s child within a set time before or during the divorce;
The requesting spouse cannot earn enough because of an incapacitating physical or mental disability;
The spouses were married 10 years or longer and the requesting spouse lacks the ability to earn sufficient income; or
The requesting spouse cares for a child of the marriage who has a disability requiring substantial care.

How Much: The Statutory Cap

Monthly maintenance may not exceed the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income (§8.055).

How Long Maintenance Lasts

Except in disability cases, maintenance generally may not last more than (§8.054):

5 years, if the marriage lasted less than 10 years and eligibility is based on family violence, or if the marriage lasted 10 to 20 years
7 years, if the marriage lasted 20 to 30 years
10 years, if the marriage lasted 30 years or more

The court must limit maintenance to the shortest reasonable period that allows the spouse to become self-supporting, unless an exception applies.

Factors the Court Considers

Each spouse’s ability to meet their own needs after the property division
Education, employment skills and the time needed to find work
The length of the marriage
Age, employment history, earning ability and health
Contributions as a homemaker
Marital misconduct and any history of family violence

Spousal Maintenance FAQ

Is there temporary support while the divorce is pending?

Yes. A court can order temporary spousal support during the case. It is different from post-divorce maintenance and is not subject to the same eligibility rules.

Can maintenance be changed later?

Court-ordered maintenance can be modified if circumstances materially and substantially change. Contractual alimony depends on the terms of the agreement.

When does maintenance end?

It ends at the end of the ordered term, or earlier on the death of either spouse, the remarriage of the receiving spouse, or in some cases cohabitation in a dating or romantic relationship.

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General information, not legal advice. Family law outcomes depend on the facts of each case, and past results do not guarantee a similar outcome.

Last updated: November 2026.