Texas is one of the more restrictive states when it comes to spousal maintenance — what many people still call alimony. Unlike states where support is awarded more freely, Texas law starts from the position that spousal maintenance is the exception, not the default, and eligibility requirements are specific. Understanding whether you qualify, and roughly what to expect if you do, is worth knowing before assuming either that you’re entitled to support or that you won’t have to pay any. This is a common early question in consultations with a dallas divorce lawyer, and the answer is rarely a simple yes or no.
Spousal Maintenance vs. Contractual Alimony: Two Different Things
Texas law distinguishes between two related but legally different concepts:
- Spousal maintenance — court-ordered support under the Texas Family Code, available only when specific statutory eligibility requirements are met.
- Contractual alimony — support agreed to voluntarily by both spouses as part of a settlement, not subject to the same statutory eligibility limits, since it’s a private agreement rather than a court-imposed obligation.
Many divorcing couples never go through a contested spousal maintenance determination at all — support gets negotiated as contractual alimony as part of an overall settlement instead. But when there’s no agreement and a court has to decide, the statutory eligibility rules control.
Who Qualifies for Court-Ordered Spousal Maintenance in Texas
A spouse seeking court-ordered maintenance has to show both financial need — that they lack sufficient property, including their share of the community estate, to provide for their minimum reasonable needs — and meet at least one of the following:
The marriage lasted 10 years or longer
The most common qualifying path. If the marriage lasted at least 10 years and the requesting spouse lacks the ability to earn sufficient income to meet minimum reasonable needs, they may qualify.
Family violence occurred
If 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 of the divorce filing (or during the case), the 10-year marriage requirement doesn’t apply.
A disability prevents self-support
If the requesting spouse has an incapacitating physical or mental disability that prevents them from earning sufficient income.
A child requires substantial care
If the requesting spouse is the custodial parent of a child of the marriage who has a physical or mental disability requiring substantial ongoing care that prevents the spouse from earning sufficient income.
Meeting one of these threshold requirements doesn’t automatically guarantee maintenance — it makes a spouse eligible for the court to consider it, based on a further set of factors.
How Courts Determine the Amount
Once eligibility is established, Texas courts weigh several factors in setting the amount and duration, including:
- Each spouse’s financial resources, including property division outcomes from the divorce itself
- Education and employment skills of the requesting spouse, and time needed to acquire additional training or education
- The duration of the marriage
- Age, employment history, earning ability, and physical and emotional condition of the requesting spouse
- Contributions as a homemaker
- Any history of family violence
- Excessive or fraudulent spending, destruction, or disposal of community property by either spouse
The Statutory Cap on Amount
Even when maintenance is awarded, Texas law caps the amount at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. This is a hard statutory ceiling — courts cannot award more than this cap regardless of the paying spouse’s income or the requesting spouse’s need, though contractual alimony agreed to voluntarily by both parties is not subject to this same statutory cap.
How Long Spousal Maintenance Lasts
Duration depends on which eligibility path applies and the length of the marriage:
- Marriages under 10 years, qualifying only through family violence — maintenance is generally limited to five years
- Marriages of 10–20 years — generally limited to five years
- Marriages of 20–30 years — generally limited to seven years
- Marriages of 30 years or more — generally limited to ten years
- Disability-based qualification (the requesting spouse’s own incapacitating disability, or a disabled child requiring substantial care) — maintenance can continue as long as the qualifying condition persists, without the same fixed durational caps
Courts are also directed to limit the duration to the shortest reasonable period that allows the requesting spouse to earn sufficient income, where feasible — the statutory maximums are ceilings, not automatic entitlements to the full period.
When Maintenance Can Be Modified or Terminated
Court-ordered spousal maintenance generally terminates automatically upon the remarriage of the receiving spouse, or the death of either spouse. It can also be modified or terminated if the receiving spouse begins cohabiting with someone in a romantic relationship, subject to specific findings. Contractual alimony terms depend on what the settlement agreement itself specifies, which may differ from the statutory rules governing court-ordered maintenance.
What If You Don’t Qualify Under the Statute?
If a spouse doesn’t meet the statutory eligibility requirements, court-ordered maintenance generally isn’t available — but that doesn’t mean support is entirely off the table. Contractual alimony, negotiated voluntarily as part of a broader settlement (sometimes in exchange for other concessions in property division), remains an option regardless of statutory eligibility, since it’s based on agreement rather than court-imposed requirements.
Talk to a Dallas Divorce Lawyer About Your Specific Situation
Spousal maintenance eligibility in Texas is narrower than many people expect, and the difference between court-ordered maintenance and negotiated contractual alimony can significantly change what’s realistically available in your case. A family law attorney dallas residents work with can assess whether you qualify under the statute, and if not, whether a negotiated settlement could still achieve a similar result.
This article is for informational purposes and does not constitute legal advice. Every situation is different — contact our office to discuss the specific facts of yours.