Introduction
Texas makes spousal support possible, but it’s intentionally hard to get. Courts start from the premise that each spouse should be self-supporting after a “just and right” property division. Only when a spouse proves they can’t meet basic, “minimum reasonable needs” even after receiving their share of property will a judge consider maintenance.
To clear that first hurdle, the requesting spouse must also fit a qualifying category. Common routes include a recent family-violence conviction against them, a marriage of 10+ years with limited earning ability, a disabling condition, or caring for a child with a disability that prevents employment. Judges then weigh many factors—education, employment history, health, age, job market, and efforts to earn—before deciding the amount and duration.
Even if maintenance is awarded, Texas caps it and limits how long it lasts. Typical maximum terms are five, seven, or ten years depending on marriage length, and payments are limited to the lesser of a set dollar cap or 20% of the payer’s gross monthly income. Courts must also choose the shortest reasonable period to help the recipient become self-sufficient, unless a disability or similar barrier persists.
Finally, Texas recognizes two different paths: court-ordered “spousal maintenance” and negotiated “contractual alimony.” The first is tightly restricted by statute; the second is a voluntary settlement term the parties can agree to with fewer statutory limits. Understanding which path fits your facts—and what proof persuades a judge—often determines how “hard” spousal support really is in Texas.
1) What are the qualifications for spousal maintenance in Texas?
To qualify, you must first show that after the divorce property division you will lack sufficient property—including separate property—to meet your “minimum reasonable needs.” That threshold applies to everyone asking for maintenance.
Second, you must fit at least one statutory category. These include: being the victim of a recent family-violence conviction or deferred adjudication by your spouse; being married 10 years or more and lacking the ability to earn enough despite diligent efforts; having an incapacitating disability that limits earning; or being the custodial parent of a child with a disability that prevents you from working enough to meet your needs.
Even if you qualify, the court still decides amount and duration by weighing multiple factors like job skills, education, time needed for training, age, employment history, contributions as a homemaker, and any marital misconduct. Meeting eligibility opens the door, but these factors determine what—if anything—comes through it.
2) How likely is it to receive spousal support after divorce in Texas?
Likelihood turns on evidence. Texas courts must choose the “shortest reasonable period” to help a spouse become self-supporting, and they deny maintenance if property or earning ability can cover essentials. That means your proof—budgets, job searches, medical records, and vocational opinions—matters as much as your story.
Courts also examine whether you’ve taken concrete steps to improve earning capacity: applying for jobs, finishing training, or seeking certifications. If you waited until trial to look for work, a judge may view your need as temporary or self-curable and either limit or deny maintenance entirely. Conversely, documented barriers—age, health, gaps in work history—can strengthen your case.
Finally, the statutory caps and durations mean even “winning” isn’t a blank check. Awards are often modest and time-limited, with exceptions primarily for disability or care of a disabled child. In practice, this framework makes Texas maintenance available but comparatively rare and measured.
3) How long does spousal maintenance last in Texas courts?
Texas sets statutory maximums keyed to marriage length and certain grounds. Generally, maintenance may last up to five years for shorter marriages with family-violence findings or for marriages of 10–20 years, up to seven years for 20–30-year marriages, and up to ten years for marriages of 30+ years.
Judges must still limit the order to the shortest reasonable period that allows the recipient to meet minimum needs via employment or training. If a spouse’s ability to provide for themselves is substantially diminished due to disability—or they’re caring for a child with a disability—support can continue as long as the qualifying condition persists, subject to later review.
This structure explains why Texas cases often feature step-down schedules and built-in review dates. Courts expect progress toward self-sufficiency and will tailor duration accordingly, extending or ending maintenance if circumstances materially change.
4) What is the maximum spousal support amount in Texas?
By statute, court-ordered maintenance is capped at the lesser of a fixed monthly maximum or 20% of the payer’s average gross monthly income. As commonly referenced in Texas Family Code §8.055, the cap is the lesser of $5,000 per month or 20% of gross. This ceiling keeps awards constrained even in high-income cases.
Courts then apply the §8.052 factors to set a specific number within that ceiling. They’ll review the recipient’s proven budget, the payer’s income and obligations, and any evidence of underemployment. Documented essentials—housing, utilities, transportation, medical costs—usually carry the day, while lifestyle extras don’t.
Because the cap is statutory, arguing for more won’t work in court-ordered maintenance. Parties who want a higher figure sometimes negotiate “contractual alimony” in settlement, which isn’t bound by the §8.055 cap—but that requires mutual agreement.
5) Does a family violence conviction affect spousal support in Texas?
Yes. A spouse’s conviction or deferred adjudication for family violence within a set look-back period is an independent eligibility path for maintenance—even if the marriage lasted less than 10 years. This provision recognizes the economic disruption and safety concerns that often follow abuse.
If the court finds eligibility on this basis, the usual duration limits still apply. Typically, that means a maximum of five years for shorter marriages tied to the family-violence ground, though judges must still pick the shortest reasonable period that meets minimum needs. Evidence of trauma, counseling needs, relocation costs, and gaps in work history can be especially important here.
The presence of family violence can also influence factor-based decisions such as amount and job-training timelines. Courts consider marital misconduct as one of many §8.052 factors when calibrating a fair but bounded order.
6) Can a stay-at-home parent qualify for spousal maintenance in Texas?
A stay-at-home parent can qualify if they satisfy the two-step test: (1) they’ll lack sufficient property to meet minimum reasonable needs after the divorce, and (2) they fit a qualifying category—most commonly a 10+ year marriage with limited current earning ability, or a situation involving a child’s disability that prevents employment.
Judges will scrutinize work history, skills, and the time needed for education or training to re-enter the job market. Proof of diligent efforts to find work—resumes, applications, classes—helps. If childcare responsibilities or a child’s special needs limit availability, that can weigh in favor of support or a longer ramp-up period.
Still, maintenance isn’t meant to preserve a prior lifestyle. It’s a bridge to self-sufficiency at a basic level. Expect the court to encourage training plans, set review dates, and choose a duration that nudges re-entry while keeping the household afloat.
7) How does property division impact spousal support eligibility in Texas?
Property division comes first. Only after the court divides community property will it decide whether one spouse still lacks enough resources to meet minimum reasonable needs. If you receive income-producing assets, retirement funds, or significant equity, those resources may reduce or eliminate the need for maintenance.
Because the inquiry hinges on “lack sufficient property,” detailed financial disclosures are critical. Budgets, expected investment income, and the tax treatment of divided accounts (like QDRO’d retirement funds) all play into whether maintenance is necessary and how much.
Practically, you strengthen a maintenance claim by documenting why your share of assets cannot reasonably cover essentials—especially in the near term—while you retrain or job-hunt. Conversely, the payer can argue that the property award, plus available earnings, meets those needs without ongoing support.
8) What evidence proves “minimum reasonable needs” for Texas spousal support?
Texas law doesn’t define “minimum reasonable needs,” leaving judges to decide case by case. Persuasive evidence typically includes a clear, credible budget for rent or mortgage, utilities, food, transportation, insurance, medical care, and modest contingencies—paired with proof of your income and job prospects.
Quantitative documents help: bank statements, bills, prescription costs, and repair invoices. Qualitative testimony also matters. When exact numbers are imperfect, credible testimony about essential expenses can still support a finding of need. Vocational reports showing realistic earnings timelines are similarly valuable.
Avoid padding the budget with lifestyle items. Courts emphasize essentials and will discount expenses that exceed what’s necessary to live safely and work toward self-support. A tight, documented budget can make the difference between an award and a denial.
9) Can Texas spousal maintenance be modified or terminated later?
Yes. Either party can ask the original court to modify the amount of maintenance based on a “material and substantial change” in circumstances—common examples include significant income changes, health shifts, or employment status. You must file a motion in the same court that issued the order.
Maintenance terminates automatically on the death of either party or the recipient’s remarriage. It can also be terminated upon proof that the recipient is cohabiting with a romantic partner on a continuing basis. These termination rules are statutory, so they apply even if the order didn’t restate them.
Because modifications and terminations are evidence-driven, keep records: tax returns, medical reports, job separation letters, and proof of cohabitation when relevant. Without solid proof, courts are reluctant to overhaul existing orders.
10) What’s the difference between contractual alimony and court-ordered spousal maintenance in Texas?
“Spousal maintenance” is the court-ordered, statute-limited version with strict eligibility rules, capped amounts, and set maximum durations. It’s available only when the Family Code’s thresholds are met and the court finds it necessary after weighing statutory factors.
“Contractual alimony” is different. It’s a settlement term the spouses agree to—often to resolve other issues like property division. Because it’s contractual, the parties can customize amount and duration (even beyond statutory caps), though a court won’t impose it if the parties don’t agree. It’s enforced like a contract rather than expanded by statute.
If your facts don’t meet maintenance standards but both sides want some post-divorce support, negotiating contractual alimony can be a practical alternative. Just remember: flexibility cuts both ways, so draft the agreement carefully and understand how it’s enforced.