Spousal Maintenance and Alimony in Texas: Eligibility and Limits

Texas has a reputation for being tight-fisted with spousal support, and it is largely deserved. Court-ordered spousal maintenance is available only in defined circumstances, the amount is capped, and the duration is limited by statute. That said, spouses can also agree to contractual alimony, which is governed by their agreement rather than the maintenance statute. Knowing which is which, and whether you qualify, matters enormously to your post-divorce finances.

Texas is stricter than most states

Court-ordered spousal maintenance in Texas is the exception, not the rule. Eligibility is narrow, the duration is capped by statute, and the monthly amount is limited. Contractual alimony agreed between spouses is a separate path.

Two Different Things: Maintenance vs. Contractual Alimony

“Spousal maintenance” refers to support a court orders under the Texas Family Code, subject to its eligibility, amount, and duration limits. “Contractual alimony” is support the spouses agree to in their settlement; because it is a contract, it can be structured more flexibly than a court could order. People use “alimony” loosely for both, but the legal rules differ sharply.

Who Is Eligible for Court-Ordered Maintenance

Eligibility is the threshold, and it is restrictive. A spouse seeking maintenance generally must show they lack sufficient property after divorce to provide for their minimum reasonable needs, and fit one of the statutory categories, most commonly:

The marriage lasted at least 10 years and the requesting spouse lacks the ability to earn enough to meet their minimum reasonable needs; or
The other spouse was convicted of or received deferred adjudication for family violence against the spouse seeking maintenance within two years of filing for divorce or during the pendency of the divorce case; or
The requesting spouse cannot earn enough to meet minimum reasonable needs because of an incapacitating physical or mental disability; or
The requesting spouse is the custodian of a child of the marriage who has a disability that prevents the spouse from earning enough.

There is also a statutory presumption against maintenance that a requesting spouse may have to overcome by showing diligence in trying to become self-supporting, by seeking employment or training that would lead to employment that would meet that spouse’s minimum reasonable needs.

How Much, and for How Long

Even when a spouse qualifies, the statute caps both the amount and the duration. The amount is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is limited by tiers tied to the length of the marriage, with longer marriages able to support longer maintenance:

Basis / length of marriage	Maximum duration of maintenance
Family violence (any marriage length)	Up to 5 years
Marriage of 10 to less than 20 years	Up to 5 years
Marriage of 20 to less than 30 years	Up to 7 years
Marriage of 30 years or more	Up to 10 years

Note: maximums are rarely awarded

These are maximum durations for court-ordered maintenance when it is based on the length of the marriage. In our experience, courts almost never order maintenance for the maximum duration the statute allows.

Why Contractual Alimony Is Often the Better Tool

Because court-ordered maintenance is so limited, many settlements use contractual alimony instead. Agreed support can exceed the statutory cap, last longer, and be tailored to the family’s needs, and it can have tax and enforceability characteristics the parties negotiate. For a spouse who would not qualify for statutory maintenance at all, a negotiated agreement may be the only route to support.

How Maintenance Interacts With Property Division

Support and property division are connected. A spouse who receives a larger share of the community estate may need less maintenance, and vice versa. The two are negotiated together as part of an overall financial resolution, not in isolation.

Frequently Asked Questions

Not automatically. Texas court-ordered maintenance is the exception, not the rule. You generally must lack sufficient property to meet your minimum reasonable needs and fit a statutory category, such as a marriage of at least 10 years with an inability to earn enough, family-violence situations, or certain disability circumstances. Many spouses instead negotiate contractual alimony.

The statute caps it at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Spouses can agree to more through contractual alimony, but a court ordering statutory maintenance is bound by the cap.

Court-ordered maintenance is limited by duration tiers tied to the length of the marriage: generally up to 5 years for marriages under 10 years (in family-violence cases) and for marriages of 10 to 20 years, up to 7 years for marriages of 20 to 30 years, and up to 10 years for marriages of 30 years or more. Maintenance based on a disability may continue while the qualifying condition lasts. In practice, courts rarely order the maximum. Contractual alimony lasts as long as the parties agree.

Yes. Contractual alimony, agreed in your settlement, is not bound by the statutory eligibility, cap, or duration limits, so it can be more generous and more flexible than a court could order. It is a common tool precisely because court-ordered maintenance is so restricted.

Need to understand what support you might pay or receive?

Maintenance is one of the most misunderstood parts of Texas divorce. Let’s look at where you stand under the statute and in negotiation.

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This page provides general information about Texas law and is not legal advice for your specific situation. Reading it does not create an attorney-client relationship.