Texas has strict rules about who can receive alimony

Texas calls alimony spousal maintenance, and the state makes it harder to get than most other states do. You cannot straightforward ask for it because you earned less money during the marriage or need financial help after divorce. Instead, you must meet one of a few specific situations that Texas law recognizes, and even then a judge has to agree that maintenance is appropriate.

The most common path to spousal maintenance in Texas is if your spouse was convicted of or received deferred adjudication for a crime of family violence within two years before you filed for divorce or during the divorce case itself. Another path is if you cannot earn enough to meet your basic needs because of a disability or because you are the primary caregiver for a child with a disability. A third path exists if your marriage lasted at least ten years and you do not have enough property from the divorce settlement to meet your basic needs.

Key Takeaways

  • Texas spousal maintenance is only available if you meet one of four specific situations: your spouse committed family violence, you have a disability preventing work, you are a primary caregiver for a disabled child, or your marriage lasted ten years and you lack sufficient property.
  • The amount of maintenance is capped by Texas law — you cannot receive more than the lesser of 20 percent of your spouse's average monthly income or $5,000 per month, though this cap varies if family violence was involved.
  • Maintenance typically lasts for a set period depending on your situation, ranging from a few years to indefinitely if you have a permanent disability.
  • You must request spousal maintenance in your divorce petition or response; a judge will not order it unless you ask.

The four situations where Texas allows spousal maintenance

Family violence within two years. If your spouse was convicted of or received deferred adjudication for a crime of family violence — assault, sexual assault, kidnapping, unlawful restraint, or injury to a child or elderly person — within two years before you filed for divorce or during the divorce case, you may receive maintenance. The crime must have been committed against you, a child, or a member of your household. This is the broadest path to maintenance in Texas.

Disability or caregiving. You may receive maintenance if you cannot earn enough income to meet your basic needs because of a physical or mental disability, or because you are the primary caregiver for a child of the marriage who has a disability and cannot work. The disability must be long-term or permanent, not temporary. You will need medical evidence or documentation of the child's condition.

Marriage of ten years or longer. If your marriage lasted at least ten years and you do not have enough separate property or community property from the divorce to meet your basic needs, you may receive maintenance. "Basic needs" means food, shelter, utilities, and other necessities — not a comfortable lifestyle. You must also show that you cannot earn enough through work to meet those needs.

Inability to work due to age or health. If you are unable to work because of age or health conditions and your spouse's income is sufficient to pay maintenance, you may receive it. This situation overlaps with disability but can explore more broadly to older spouses who cannot re-enter the workforce.

How much spousal maintenance you can receive

Texas law sets a ceiling on the amount of spousal maintenance. In most cases, you cannot receive more than the lesser of 20 percent of your spouse's average monthly income or $5,000 per month. If your spouse's income is very high, the 20 percent figure will be lower than $5,000, so that becomes your cap. If your spouse earns $20,000 per month, 20 percent is $4,000, which is your limit.

The cap is higher if family violence was involved. If your spouse was convicted of or received deferred adjudication for family violence, you may receive up to 30 percent of your spouse's average monthly income or $7,500 per month, whichever is less. This higher cap reflects Texas's policy of providing more support to victims of family violence.

The actual amount a judge orders depends on several factors: your spouse's ability to pay, the length of the marriage, your age and health, your earning capacity, your property from the divorce, and your spouse's property and obligations. A judge will not automatically order the maximum amount. You and your spouse can also agree on a maintenance amount that differs from what the law allows, and a judge will likely approve it if both of you consent.

How long spousal maintenance lasts

The duration of spousal maintenance in Texas depends on which situation applies to you. If family violence was involved, maintenance can last up to five years from the date the divorce is final, though a judge may extend it in some cases. If you have a disability or are a primary caregiver for a disabled child, maintenance can last indefinitely — as long as the disability continues and your circumstances do not change significantly.

If your marriage lasted ten years or longer and you do not have enough property, maintenance typically lasts for a period equal to one-fifth of the length of the marriage, up to a maximum of five years. For example, if your marriage lasted twenty years, maintenance would last four years. If it lasted thirty years, the cap of five years applies.

Maintenance can end before the set period if your circumstances change — for example, if you remarry, if you begin earning enough to meet your basic needs, or if your spouse's income drops significantly. Either spouse can ask a judge to modify or end maintenance if there has been a material and substantial change in circumstances.

How to request spousal maintenance in your divorce

You must ask for spousal maintenance in your divorce case; a judge will not order it on their own. If you are the person filing for divorce, include a request for spousal maintenance in your original petition. If you are responding to a divorce petition filed by your spouse, include your request in your response or counterclaim. straightforward stating that you want maintenance is not enough — you must explain which of the four situations applies to you and provide evidence to support your claim.

Evidence might include medical records showing a disability, documentation of your spouse's income, proof of family violence (police reports, court records, protective orders), or evidence that your marriage lasted ten years or longer. You will likely need to testify about your financial situation, your ability to work, and why you meet one of the four requirements. Your spouse will have the chance to dispute your claim and present their own evidence.

If you and your spouse agree on the amount and duration of maintenance, you can include that agreement in your divorce decree. A judge will review it to make sure it is not unfair, but will usually approve agreed-upon maintenance. This is often faster and less contentious than asking a judge to decide.

What happens if circumstances change after divorce

Spousal maintenance orders can be modified if there is a material and substantial change in circumstances. Common reasons for modification include a significant change in either spouse's income, a change in the receiving spouse's ability to work, remarriage of the receiving spouse, or cohabitation of the receiving spouse with another person in a romantic relationship. Cohabitation can be grounds to reduce or end maintenance even if remarriage has not occurred.

Either spouse can file a motion to modify maintenance. You will need to show the judge what has changed and why the current order is no longer fair. If your spouse's income increased substantially, you might ask for an increase in maintenance. If your income increased enough to meet your basic needs, your spouse might ask for a decrease or termination. The judge will review the evidence and decide whether modification is appropriate.

Frequently Asked Questions

Do I have to be married for a certain number of years to get spousal maintenance in Texas?

Only if you are relying on the "ten years or longer" path. If family violence was involved, or if you have a disability or are a primary caregiver for a disabled child, the length of the marriage does not matter. For the ten-year rule, the marriage must have lasted at least ten years from the date of marriage to the date of divorce.

What counts as family violence in Texas?

Family violence includes assault, sexual assault, kidnapping, unlawful restraint, or injury to a child or elderly person committed by your spouse against you, a child, or a member of your household. It must have resulted in a conviction or deferred adjudication within two years before you filed for divorce or during the divorce case. A protective order alone is not enough; there must be a criminal conviction or deferred adjudication.

Can I get spousal maintenance if my spouse makes a lot of money but we were only married for five years?

Not under the ten-year rule. However, if one of the other three situations applies — family violence, disability, or caregiving for a disabled child — you may receive maintenance regardless of how long the marriage lasted. If none of those explore, the length of the marriage matters, and five years is not long enough under Texas law.

What if my spouse refuses to pay the spousal maintenance the judge ordered?

If your spouse fails to pay court-ordered maintenance, you can file a motion for contempt of court. The judge can find your spouse in contempt, which may result in fines or jail time. You can also ask the court to enforce the order through wage garnishment, where the maintenance is taken directly from your spouse's paycheck. An attorney can help you enforce the order.

Does spousal maintenance end if I remarry?

Yes. Spousal maintenance automatically ends if you remarry. It also ends if you cohabitate with another person in a romantic relationship, even if you do not remarry. Your spouse can file a motion to end maintenance based on cohabitation, and the judge will likely grant it if cohabitation is proven.