Alimony (Spousal Maintenance) Lawyer in Dallas, TX
Most people use “alimony” as a general term, but Texas law doesn’t actually use it — the legal term is spousal maintenance, and Texas’s version is one of the most restrictive in the country. Courts start from a presumption that spousal maintenance is unnecessary, which is the opposite starting point from many other states.
Texas’s Strict Eligibility Requirements
Under Texas Family Code Chapter 8, a spouse seeking maintenance must first show they lack sufficient property after the divorce to cover their minimum reasonable needs. That alone isn’t enough — they must also meet at least one additional condition under § 8.051, generally including:
- The marriage lasted 10 years or longer, and the requesting spouse lacks the ability to earn sufficient income to meet their minimum reasonable needs
- The paying spouse was convicted of, or received deferred adjudication for, a family violence offense against the other spouse or their child, within two years before the divorce was filed or while it’s pending
- The requesting spouse has an incapacitating physical or mental disability
- The requesting spouse is the custodian of a child (of any age) who requires substantial care because of a physical or mental disability, making it not feasible for that spouse to earn sufficient income
The Statutory Cap: $5,000 or 20% of Income
Even when a spouse qualifies, Texas caps court-ordered maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income (§ 8.055). This cap applies regardless of the requesting spouse’s actual need or the paying spouse’s actual wealth — for example, if the paying spouse earns $30,000 per month, the cap is still $5,000, not 20% of that higher figure.
Courts don’t automatically award the maximum even when eligibility is established — they consider what’s actually needed to cover basic expenses like housing, food, transportation, and healthcare after the divorce.
Duration Limits Based on Marriage Length
Under § 8.054, court-ordered maintenance is also capped in duration, generally based on how long the marriage lasted — longer marriages can qualify for longer maintenance periods, but even long marriages don’t guarantee an indefinite award. (Family-violence-based eligibility and disability-based eligibility follow somewhat different duration rules than the general 10-year-marriage pathway.)
Contractual Alimony: A Different, More Flexible Option
Separate from court-ordered maintenance, spouses can agree to contractual alimony — typically negotiated as part of a divorce settlement. Contractual alimony isn’t bound by the $5,000 cap or the statutory duration limits; spouses can agree to any amount for any length of time. The tradeoff is enforceability: contractual alimony is generally harder to modify or terminate than court-ordered maintenance, and if a paying spouse’s income later drops, they’re generally still bound by what they agreed to.
Temporary Spousal Support During the Divorce
Separate from both of the above, Texas courts can order temporary spousal support while a divorce is still pending, under Family Code § 6.502. Temporary support isn’t subject to the Chapter 8 eligibility requirements, the $5,000/20% cap, or the duration limits — it’s a distinct, more flexible tool meant to address support needs only for the period the case is actually pending.
Enforcement
If a paying spouse fails to make court-ordered maintenance payments, the receiving spouse can seek enforcement — but a court cannot hold someone in contempt for failing to pay an amount that exceeds what the court itself could have ordered under Chapter 8 in the first place (§ 8.059). This is one reason contractual alimony, despite offering more flexibility in amount and duration, can be harder to enforce than court-ordered maintenance when a paying spouse stops complying.
Related Family Law Topics
- Divorce in Texas — the general divorce process where maintenance is typically addressed
- Property Division in Texas — courts consider each spouse’s separate estate when assessing maintenance eligibility
- Child Support in Texas — a related but legally distinct support obligation
Frequently Asked Questions
Does Texas have alimony?
Not exactly — Texas law uses the term “spousal maintenance,” which is significantly more restrictive than what “alimony” typically means in other states. Courts presume maintenance is unnecessary, and eligibility requires meeting specific statutory conditions beyond just financial need.
What’s the maximum alimony I can receive in Texas?
Court-ordered maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income, regardless of actual need or the paying spouse’s total wealth.
Do I automatically qualify for spousal maintenance if we were married a long time?
Not automatically. A marriage of 10 years or longer is one qualifying condition, but the requesting spouse must also show they lack sufficient property to meet their minimum reasonable needs and lack the ability to earn sufficient income — length of marriage alone doesn’t guarantee eligibility.
Can my spouse and I agree to alimony outside of what a judge would order?
Yes — this is contractual alimony, negotiated as part of a divorce settlement. It isn’t bound by the statutory cap or duration limits, but it’s generally harder to modify or terminate than court-ordered maintenance once agreed to.
Can I get spousal support while my divorce is still pending?
Yes, through a temporary order under Family Code § 6.502. This is separate from final maintenance and isn’t subject to the Chapter 8 eligibility requirements, cap, or duration limits.
What happens if my ex-spouse stops paying court-ordered maintenance?
You can seek enforcement through the court, though a court can’t hold someone in contempt for failing to pay more than what it could have ordered under Chapter 8 in the first place — which is one reason the enforceability of contractual alimony can differ from court-ordered maintenance.
The content on this page is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Laws vary by jurisdiction and change over time — consult a licensed Texas attorney for advice specific to your situation.