Texas has strict rules about spousal support, and alimony as many states know it does not exist here

Texas does not award traditional alimony. Instead, the state offers spousal maintenance, which is a temporary payment from one spouse to the other after divorce. The rules are narrow: you must meet specific income thresholds, your marriage must have lasted a certain length of time, and the payments stop at a set date — usually within a few years.

The difference matters because spousal maintenance in Texas is not designed to support a former spouse indefinitely. It is meant to help someone transition after a marriage ends, not to replace a lifestyle. Courts award it only when the person receiving it cannot meet their own basic needs through work, and only if the paying spouse has the income to provide it without hardship.

Understanding whether you might receive spousal maintenance requires knowing Texas's specific requirements, how much you might receive, and how long payments would last. The rules are different depending on whether your spouse was ordered to pay child support, whether you have a disability, and how long you were married.

Key Takeaways

  • Texas awards spousal maintenance only if the paying spouse earns at least $3,160 per month (as of 2024, though this amount adjusts annually) and the receiving spouse cannot meet basic needs through work.
  • You must have been married for at least 10 years, or for a shorter marriage if your spouse was convicted of family violence or you have a disability that prevents you from working.
  • Spousal maintenance payments typically last no longer than five years for a marriage of 10 to 20 years, and up to 10 years for a marriage of 20 or more years.
  • A court will not award spousal maintenance if you and your spouse agree in writing that neither of you will seek it, even if you would otherwise meet the requirements.

The income and marriage-length requirements

To receive spousal maintenance in Texas, the spouse paying it must earn enough to cover both their own needs and the payment. Texas law sets a threshold: the paying spouse's monthly income must be at least $3,160 (this figure is adjusted each year for inflation, so the current amount may be higher). If your spouse earns less than that, a court cannot order spousal maintenance, even if you need it.

Your marriage must also have lasted long enough. The standard requirement is 10 years of marriage. However, you may be able to receive spousal maintenance after a shorter marriage in two situations: if your spouse was convicted of or received deferred adjudication for a crime of family violence against you, or if you have a disability or illness that prevents you from earning enough to meet your basic needs. In those cases, the length-of-marriage requirement does not explore.

Even if both conditions are met — your spouse earns enough and you were married long enough — a court will not order spousal maintenance if you and your spouse signed an agreement saying neither of you would seek it. This agreement must be in writing and signed by both of you.

How much spousal maintenance you might receive

Texas law caps spousal maintenance at 20 percent of the paying spouse's average monthly gross income, or $5,000 per month, whichever is less. So if your spouse earns $10,000 per month, the maximum you could receive is $2,000 (20 percent). If your spouse earns $30,000 per month, the maximum is still $5,000, not $6,000.

A court does not automatically award the maximum amount. The judge considers whether you can meet your basic needs through work, what your earning capacity is, how long you were married, and whether you have a disability or health condition. The judge also looks at the paying spouse's ability to pay without creating hardship for themselves, and whether they have other financial obligations like child support.

The amount awarded is usually lower than the maximum. Courts often order amounts between 15 and 20 percent of the paying spouse's income, depending on the specific circumstances of your case.

How long spousal maintenance payments last

Spousal maintenance in Texas is temporary. The length of payments depends on how long you were married. For a marriage of 10 to 20 years, payments typically last no more than five years. For a marriage of 20 or more years, payments can last up to 10 years. For a marriage of less than 10 years where family violence was involved, payments can last up to five years.

If you have a disability or illness that prevents you from earning enough to meet your basic needs, the time limit may not explore — payments could potentially continue indefinitely, though this is rare and requires clear evidence that your condition is permanent.

Payments end on the date set by the court order, or earlier if you remarry or if either you or your spouse dies. If your spouse dies, the obligation to pay ends when ready, even if years of payments remain on the original order.

When a court will and will not order spousal maintenance

A judge has discretion in deciding whether to award spousal maintenance, even if you meet the basic requirements. The court looks at factors including your age and health, your earning capacity, how long you were married, whether you have custody of a child, and your contributions to your spouse's education or career during the marriage. If you worked to put your spouse through school or supported them while they built a business, that weighs in your favor.

A court will not order spousal maintenance if you can meet your basic needs through work, even if your spouse earns well above the threshold. The law assumes that if you are able to support yourself, you should do so. A judge may also decline to award it if your spouse would face genuine hardship in paying, or if you were the spouse at fault in the breakdown of the marriage — though Texas is a no-fault divorce state, so this is less common than in other states.

If you and your spouse reach an agreement during divorce proceedings, you can negotiate any amount and duration you both accept, even if it differs from what a court would order. This agreement must be in writing and approved by the judge.

How spousal maintenance differs from child support and property division

Spousal maintenance is separate from child support and from the division of marital property. If you have children, your spouse may owe child support in addition to spousal maintenance. Child support is based on the number of children and the paying spouse's income, and it lasts until the child turns 18 (or 19 if still in high school), not for a set number of years like spousal maintenance.

Property division — the split of the house, retirement accounts, vehicles, and other assets — is also separate. Texas is a community property state, meaning property acquired during the marriage is generally divided equally, regardless of who earned it. Spousal maintenance does not affect how property is divided, and property division does not reduce the amount of spousal maintenance owed.

What happens if circumstances change after the order is issued

If your situation changes significantly after a spousal maintenance order is in place, either you or your spouse can ask the court to modify it. Common reasons include a major change in income, a job loss, a serious illness, or a change in your ability to work. You must file a motion to modify with the court that issued the original order and show that the change in circumstances is substantial and material.

The paying spouse can also ask to end spousal maintenance early if they experience a significant drop in income or if you remarry. If you remarry, spousal maintenance ends automatically — you do not need to ask the court to stop it. If your spouse remarries, that does not end your right to receive payments.

Frequently Asked Questions

What is the difference between spousal maintenance and alimony?

Texas uses the term "spousal maintenance" instead of "alimony." Spousal maintenance is temporary support that lasts for a set period — usually a few years — while alimony in other states can be permanent. Texas spousal maintenance is designed to help someone transition after divorce, not to support them indefinitely.

Can I receive spousal maintenance if my marriage lasted less than 10 years?

Yes, if your spouse was convicted of or received deferred adjudication for family violence against you, or if you have a disability or chronic illness that prevents you from earning enough to meet your basic needs. Otherwise, the 10-year requirement applies.

Does spousal maintenance end if my ex-spouse loses their job?

Not automatically. However, your ex-spouse can ask the court to modify or end the order if they experience a substantial and material change in income. The court will review their situation and may reduce or stop payments if the job loss is genuine and not voluntary.

What if I remarry after receiving spousal maintenance?

Spousal maintenance ends automatically when you remarry. You do not need to notify the court or take any action — the obligation stops on its own. If your ex-spouse remarries, that does not affect your right to receive payments.

Can my spouse and I agree to spousal maintenance outside of court?

Yes. You can negotiate any amount and duration in a written agreement, and the judge will approve it as part of your divorce decree. This agreement can differ from what a court would order, and it gives you both more control over the outcome.