14 Apr Does Texas Have Alimony? What You Need to Know About Spousal Maintenance
One of the most common questions people ask when considering divorce in Texas is: does Texas have alimony? The answer is yes, but it works differently here than in most other states, and it is far more limited than many people expect. In Texas, it is called spousal maintenance, and qualifying for it is not automatic.
Alimony vs. Spousal Maintenance: What’s the Difference?
In most states, “alimony” refers to court-ordered payments from one spouse to another after divorce. Texas uses the term “spousal maintenance” for court-ordered support, and it comes with strict eligibility requirements. There is also a separate concept called “contractual alimony,” which is a voluntary agreement between spouses, not ordered by a court, that can be negotiated as part of a divorce settlement.
Understanding the distinction matters because the rules, tax treatment, and enforceability differ between the two.
Who Qualifies for Court-Ordered Spousal Maintenance in Texas?
Under the Texas Family Code, a spouse seeking maintenance must first show that they will lack sufficient property after the divorce to meet their minimum reasonable needs. That threshold alone is not enough. They must also meet at least one of the following conditions:
- The marriage lasted at least 10 years, and the requesting spouse lacks the ability to earn sufficient income to meet their minimum needs
- The paying spouse was convicted of or received deferred adjudication for a family violence offense during the marriage or while the divorce was pending
- The requesting spouse has a physical or mental disability that prevents them from earning sufficient income
- The requesting spouse is the custodian of a child of the marriage who requires substantial care due to a physical or mental disability
Texas courts do not award spousal maintenance simply because one spouse earned significantly more than the other or because the marriage lasted a long time. The bar is intentionally high.
How Much Can Be Awarded, and for How Long?
Texas caps court-ordered spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is also capped based on how long the marriage lasted:
- Marriages of 10 to 20 years: maintenance for up to 5 years
- Marriages of 20 to 30 years: maintenance for up to 7 years
- Marriages of 30 or more years: maintenance for up to 10 years
- Disability or family violence situations: duration varies based on the circumstances
These are maximum limits, not guarantees. Courts have discretion to award less time and lower amounts based on the specific facts of the case.
What About Contractual Alimony?
Because court-ordered maintenance is so limited in Texas, many divorce settlements include contractual alimony, a negotiated agreement between the parties for one spouse to make support payments to the other. This is often used when the parties want more flexibility than the statutory limits allow.
Contractual alimony is enforced like any other contract, not as a court order, which means the enforcement mechanisms differ. If payments stop, the recipient may need to file a civil lawsuit rather than a contempt motion. These distinctions matter, and the structure of any spousal support agreement should be carefully reviewed with an attorney.
Will You Pay or Receive Spousal Maintenance?
Whether you are concerned about being ordered to pay maintenance or hoping to receive it, understanding what Texas law actually allows is essential before your divorce is finalized. The terms negotiated in your final decree will govern your financial relationship with your ex-spouse for years to come.
An experienced family law attorney can help you evaluate your eligibility, understand the tax implications of different support structures, and negotiate an agreement that reflects your actual financial circumstances.
If you have questions about your situation, contact Navarrette Family Law today to schedule a consultation. Call (940) 243-5050.