Texas has strict limits on spousal support, and you cannot get it just because a marriage ended

Texas courts can order one spouse to pay the other spousal support, but only in specific situations. Unlike many states, Texas does not award alimony as a matter of course. You must meet one of the conditions the law sets out, and even then, the amount and length are capped by statute. The court will not order support straightforward because one spouse earns more or because the marriage lasted a long time.

The most common path to spousal support in Texas is when one spouse lacks the means to support themselves and the other spouse has the ability to pay. But "lacking means" has a specific definition under Texas law, and the paying spouse's income must exceed certain thresholds. Understanding which situation applies to you — and what the law actually requires — is the first step.

Key Takeaways

  • Texas allows spousal support only if the spouse seeking it cannot support themselves and the other spouse can pay, or if there was family violence in the marriage.
  • The spouse seeking support must have tried to earn enough to meet their basic needs, or be unable to do so because of a disability or caregiving responsibility.
  • Spousal support in Texas is called "maintenance" and is capped at either $5,000 per month or 20 percent of the paying spouse's gross monthly income, whichever is less.
  • Support orders last no longer than five years in most cases, and longer only if the marriage lasted at least 20 years or involved family violence.
  • The court looks at factors like the length of the marriage, each person's earning ability, and whether either spouse committed family violence.

The four situations where Texas courts order spousal support

Texas Family Code Section 8.051 lists the only grounds on which a court can order one spouse to pay the other. The most common is when the spouse seeking support cannot earn enough to cover their basic needs, and the other spouse has the financial ability to pay. But there are three other paths as well.

The second path is when the spouse seeking support is unable to work because they are the primary caregiver of a child under age 3. The third is when the spouse seeking support has a physical or mental disability that prevents them from earning enough. The fourth is when the paying spouse was convicted of or received deferred adjudication for family violence against the spouse seeking support, the child, or a relative, within two years before the divorce was filed or during the marriage.

If none of these four situations describes your case, the court cannot order spousal support, no matter how long the marriage lasted or how unequal the incomes are. This is a hard rule in Texas, not a guideline.

Income and ability to pay: what the law requires

For the first path — the most common one — the paying spouse's gross monthly income must exceed $5,000. If their income is $5,000 or less, the court has no power to order support. This threshold does not change based on the cost of living in your area or how much the other spouse needs.

The spouse seeking support must show they have tried to earn enough to meet their basic needs, or that they cannot do so despite good-faith effort. The court looks at factors like age, education, work history, and job market conditions. If you have not worked in years and have no recent job search, the court may find you have not tried hard enough. If you have a job but it does not pay enough to cover rent, food, and basic expenses, that is different.

The paying spouse's "ability to pay" means they have income left over after their own basic living expenses. The court will subtract reasonable costs like housing, food, utilities, and child support before deciding what they can contribute to spousal support.

How much spousal support can be ordered, and for how long

Texas law caps spousal support at the lower of two amounts: $5,000 per month, or 20 percent of the paying spouse's gross monthly income. If the paying spouse earns $30,000 per month, 20 percent is $6,000, but the cap is $5,000, so the order cannot exceed $5,000. If they earn $15,000 per month, 20 percent is $3,000, so the order cannot exceed $3,000.

The length of support is also capped. In most cases, support lasts no longer than five years. However, if the marriage lasted at least 20 years, support can last up to 10 years. If the marriage lasted at least 10 years and the paying spouse was convicted of family violence, support can last up to 10 years. If the marriage lasted less than 10 years but involved family violence, support can last up to five years.

These are the maximum amounts and durations. The court may order less, or a shorter period, based on the factors it considers.

Factors the court weighs when deciding on spousal support

Even if you meet one of the four grounds for support, the court has discretion in how much to award and for how long. Texas Family Code Section 8.052 lists ten factors the court must consider. These include the length of the marriage, the age and health of both spouses, the earning ability of each spouse, and the property division in the divorce.

The court also looks at whether either spouse has a separate property estate that could support them, whether the spouse seeking support contributed to the education or training of the paying spouse, and whether the paying spouse has a duty to support a child or another person. The conduct of each spouse during the marriage is also relevant, though Texas courts focus more on financial conduct than personal conduct.

A long marriage weighs in favor of support. A short marriage weighs against it. If one spouse put the other through school or training, that can support an award. If one spouse wasted community property, that can also matter. The court balances all of these together.

How family violence changes the rules

If the paying spouse committed family violence against the spouse seeking support, a child, or a relative within two years before the divorce was filed or during the marriage, the court can order support even if the spouse seeking support has not tried to earn enough to support themselves. The other three grounds still require that effort or inability.

Family violence is defined broadly in Texas law and includes physical abuse, threats, harassment, and stalking. A conviction is not required — deferred adjudication counts, and so does a finding by the court in the divorce case itself. If you have a protective order or a history of police reports, those are evidence the court will consider.

When family violence is present, the court may also order support for a longer period. As noted above, support can last up to 10 years if the marriage lasted at least 10 years and family violence occurred.

What happens if circumstances change after the order is made

A spousal support order can be modified if there is a material and substantial change in circumstances. If the paying spouse loses their job, their income drops, or they become disabled, they can ask the court to lower or end the support. If the spouse receiving support gets married again, the support automatically ends under Texas law.

If the spouse receiving support's circumstances improve — they get a better job, inherit money, or receive a settlement — the paying spouse can ask for a modification. The court will not automatically lower support just because time has passed; there must be a real change in the financial situation of one or both spouses.

Either spouse can file a motion to modify in the same court that issued the original order. The process is simpler than the original divorce, but the court still requires evidence of the change in circumstances.

Frequently Asked Questions

Can I get spousal support if my spouse makes much more money than I do?

Not automatically. Texas requires that you meet one of the four grounds for support — you cannot earn enough to meet basic needs despite good-faith effort, you are the primary caregiver of a child under 3, you have a disability, or your spouse committed family violence. Income difference alone is not enough. If you meet one of those grounds and your spouse's income exceeds $5,000 per month, then the income gap becomes relevant to how much support you receive.

What counts as "basic needs" in Texas spousal support cases?

Basic needs typically include housing, food, utilities, transportation, and medical care. The court does not require you to live in poverty, but it also will not order support to maintain a lifestyle you had during the marriage if that lifestyle was beyond what your income can sustain. What counts as basic varies by person and circumstance — a person with a chronic illness may have higher medical costs, for example.

If I was a stay-at-home parent during the marriage, can I get spousal support?

Yes, but only if you meet one of the four grounds. If your child is under 3 and you are the primary caregiver, you can get support. If your child is older, you must show you cannot earn enough to meet basic needs despite good-faith effort — the court will consider your age, education, work history, and the job market. Being out of the workforce is a factor, but not a may provide of support.

Does spousal support end if I get remarried?

Yes. Under Texas law, a spousal support order automatically terminates if the spouse receiving support remarries. It also ends if the spouse receiving support cohabits with another person in a romantic relationship for at least three months. The paying spouse does not have to file a motion — the order ends by operation of law.

Can I get spousal support if the divorce was my spouse's fault?

Fault in the divorce — infidelity, cruelty, abandonment — does not directly determine spousal support in Texas. The court can consider the conduct of each spouse, but the focus is on financial conduct and the factors listed in the law. Family violence is the main exception: if your spouse committed family violence, that is both grounds for support and a factor the court weighs heavily.