Texas does not call it alimony, but it does order spousal support in some divorces
Texas law does not use the word "alimony". Instead, the state calls it spousal maintenance, and it works differently than alimony in other states. A Texas court can order one spouse to pay the other after divorce, but only if specific conditions are met — the person receiving support must have tried to support themselves, and the paying spouse must have the ability to pay. The amount and length of support are set by statute, not left to a judge's discretion the way they are in many other states.
Spousal maintenance in Texas is not automatic. You do not receive it straightforward because you were married for a long time or because one spouse earns more. A court will only order it if the spouse seeking support meets the legal requirements, and even then, the payment is temporary in most cases.
Key Takeaways
- Texas calls spousal support "spousal maintenance," and it is only awarded if the receiving spouse cannot support themselves and the paying spouse can afford to pay.
- The person seeking support must have been married at least 10 years, or have a disability, or be unable to work due to caring for a child with a disability.
- Spousal maintenance payments in Texas are capped by law — the maximum is either 20 percent of the paying spouse's gross income or $5,000 per month, whichever is less.
- Support typically lasts no longer than 5 to 10 years depending on the length of the marriage, and it ends if the receiving spouse remarries or cohabits with another person.
Who can receive spousal maintenance in Texas
Texas law sets out three paths to spousal maintenance. The first is length of marriage: if you were married for at least 10 years, you may be awarded support. The second is disability: if you cannot work because of a physical or mental disability, you may receive support regardless of how long the marriage lasted. The third is caregiving: if you are unable to work because you are the primary caregiver of a child with a disability, you may receive support.
Even if one of these conditions is met, the court will not award support unless the spouse seeking it also shows that they cannot support themselves through employment. This is a separate requirement. You must demonstrate that you have tried to find work or improve your earning capacity, or that you cannot do so because of age, health, or other circumstances. The court looks at your actual income and your ability to earn, not just your willingness to work.
The spouse who would pay support must also be able to afford it. Texas courts consider the paying spouse's income, debts, and other obligations. If the paying spouse does not have enough money left after their own living expenses and child support, the court may deny spousal maintenance even if the other spouse meets the requirements.
How much spousal maintenance can be ordered in Texas
Texas law sets a hard ceiling on spousal maintenance payments. The maximum amount is the lesser of 20 percent of the paying spouse's gross monthly income or $5,000 per month. This cap applies no matter how long the marriage lasted or how much the paying spouse earns. A spouse earning $100,000 per month cannot be ordered to pay more than $5,000 in spousal maintenance.
The actual amount awarded is usually less than the maximum. The court considers factors including the length of the marriage, each spouse's earning capacity, the age and health of both spouses, and whether either spouse has custody of a child. The court also looks at what property each spouse received in the divorce settlement, because spousal maintenance is meant to supplement property division, not replace it.
The amount can be modified later if either spouse's circumstances change significantly — for example, if the paying spouse loses their job or the receiving spouse's income increases substantially. Either spouse can ask the court to change the amount, but they must show a material and substantial change in circumstances since the order was entered.
How long spousal maintenance lasts in Texas
Spousal maintenance in Texas is not permanent in most cases. The length of support depends on how long the marriage lasted. If the marriage lasted fewer than 20 years, support typically lasts no longer than the length of the marriage divided by two — so a 10-year marriage might result in 5 years of support. If the marriage lasted 20 years or longer, support can last up to 10 years.
There are two exceptions to these time limits. If the receiving spouse is unable to work because of a disability, spousal maintenance can continue indefinitely. If the receiving spouse is the primary caregiver of a child with a disability, support can also continue indefinitely, or until the child no longer needs full-time care.
Spousal maintenance ends automatically when the receiving spouse remarries or begins living with another person in a romantic relationship. It also ends if the receiving spouse dies or if the paying spouse dies. The paying spouse can ask the court to end support early if the receiving spouse's circumstances improve — for example, if they find stable employment that allows them to support themselves.
The difference between spousal maintenance and property division in Texas
Texas is a community property state, which means that property acquired during the marriage is divided between the spouses in a divorce. This is separate from spousal maintenance. Property division happens once, at the time of divorce. Spousal maintenance is an ongoing payment that continues after the divorce is final.
The court uses property division to give each spouse a share of the assets and debts accumulated during the marriage. Spousal maintenance is meant to help a spouse who cannot support themselves after the divorce. Because property division is supposed to address the financial split, courts often award less spousal maintenance if one spouse received a larger share of property. Conversely, if property is divided equally, the court may award more spousal maintenance to a spouse who needs it.
How spousal maintenance is enforced in Texas
If a spouse ordered to pay spousal maintenance fails to do so, the receiving spouse can file a motion for enforcement with the court. The court can hold the paying spouse in contempt, which can result in fines or jail time. The court can also order the paying spouse to pay the receiving spouse's attorney fees and court costs.
Spousal maintenance can also be enforced through wage garnishment, similar to child support. The court can order the paying spouse's employer to withhold the maintenance payment from their paycheck and send it directly to the receiving spouse. This is often the most reliable way to may support payments are made on time.
If the paying spouse falls behind on payments, the debt does not disappear when the support period ends. The receiving spouse can still pursue collection for any unpaid amounts owed during the time the order was in effect.
Frequently Asked Questions
Can I get spousal maintenance if I was married for less than 10 years?
Yes, but only if you have a disability that prevents you from working, or if you are the primary caregiver of a child with a disability. Length of marriage alone is not enough if it is less than 10 years. You must also show that you cannot support yourself through employment.
What happens to spousal maintenance if I get remarried?
Spousal maintenance ends automatically if you remarry. It also ends if you begin living with another person in a romantic relationship, even if you do not marry. The paying spouse does not need to go to court to stop payments — they stop by law.
Can spousal maintenance be modified after the divorce is final?
Yes, either spouse can ask the court to change the amount or length of support if there has been a material and substantial change in circumstances. Examples include job loss, serious illness, or a significant increase in income. You must file a motion with the court and show proof of the change.
Is spousal maintenance taxable income in Texas?
Federal tax law determines whether spousal maintenance is taxable, not Texas law. For divorces finalized after December 31, 2018, spousal maintenance is generally not taxable to the receiving spouse and not deductible by the paying spouse. For older divorces, different rules may explore. Consult a tax professional about your specific situation.
What if my spouse refuses to pay spousal maintenance?
You can file a motion for enforcement with the court. The court can order wage garnishment, impose fines, or hold the paying spouse in contempt. You can also ask the court to order the paying spouse to pay your attorney fees for the enforcement action.