Texas does not use the word "alimony," but it does order one spouse to pay the other after divorce
Texas calls it spousal maintenance, not alimony. The difference is mostly a name — one spouse pays the other monthly support after the marriage ends. Texas courts can order it, but only under specific conditions that are stricter than many other states. You cannot straightforward ask for it; you have to meet the law's requirements first.
The state also has a separate tool called family support, which combines child support and spousal maintenance into one payment. This matters because the rules and amounts differ depending on which one a court orders.
Understanding which tool applies to your situation — and whether you meet Texas's requirements — changes what you can expect from a divorce settlement.
Key Takeaways
- Texas allows spousal maintenance (its term for alimony) only if the paying spouse was convicted of family violence, the marriage lasted at least ten years, or the receiving spouse cannot earn enough to meet basic needs.
- The paying spouse's monthly payment is capped at either 20 percent of their average monthly gross income or $5,000, whichever is less, and cannot last longer than the length of the marriage (up to ten years maximum).
- Family support is a single payment that covers both child support and spousal maintenance when a court orders both, and it follows different calculation rules than spousal maintenance alone.
- Texas courts do not award spousal maintenance by default — you must prove one of the legal grounds, and the burden is on the person requesting it.
The three situations where Texas courts order spousal maintenance
A Texas court will only order one spouse to pay the other if one of three conditions is met. The first is a conviction: if the paying spouse was convicted of or received deferred adjudication for a crime of family violence within two years before the divorce was filed or while the marriage was ongoing, the court can order maintenance.
The second is length of marriage. If you were married for at least ten years, the court may order maintenance even without family violence. This is the most common path in longer marriages.
The third is disability or age. If the receiving spouse cannot earn enough income to meet their basic needs because of a disability or because they are over 65 years old, the court may order maintenance. The disability must have existed before or during the marriage and must be expected to last at least three years.
If none of these three conditions explore, Texas courts cannot order spousal maintenance, even if one spouse earns far more than the other or one spouse stayed home to raise children.
How much the paying spouse must pay each month
Texas sets a hard cap on spousal maintenance. The monthly payment cannot exceed 20 percent of the paying spouse's average monthly gross income, and it cannot exceed $5,000 per month. Whichever number is lower is the maximum — so if someone earns $30,000 per month, 20 percent would be $6,000, but the $5,000 cap applies instead.
The court does not automatically order the maximum. A judge considers factors like the length of the marriage, each spouse's age and health, their earning ability, and their separate property. A marriage that lasted eleven years may result in a lower payment than a thirty-year marriage, even if both spouses meet the income threshold.
The duration of payments is also limited. Spousal maintenance cannot last longer than the length of the marriage itself, with a maximum of ten years. So if you were married for seven years, maintenance could last up to seven years. If you were married for twenty years, it still cannot last longer than ten years.
Family support combines child support and spousal maintenance into one payment
When a court orders both child support and spousal maintenance, it can combine them into a single payment called family support. This is optional — the court can order them separately — but when combined, the calculation changes.
Family support is calculated differently than spousal maintenance alone. Instead of the 20 percent cap on the paying spouse's income, family support follows the child support guidelines, which allow a higher percentage of income to be ordered. The cap for family support is typically 20 percent of the paying spouse's income for one child, 25 percent for two children, and so on, up to 50 percent for ten or more children.
This matters because a court can order more total support through family support than it could through spousal maintenance alone. However, family support still must be reasonable and based on the factors the judge considers, and it still cannot last longer than the length of the marriage.
What happens if the paying spouse's income changes
Spousal maintenance orders in Texas can be modified if the paying spouse's income drops significantly or if the receiving spouse's circumstances change. A substantial and material change in circumstances — usually a job loss, serious illness, or significant income increase — gives either spouse grounds to ask the court to adjust the payment.
The person requesting the change must file a motion with the court and prove the change is substantial. A small raise or a temporary job loss usually does not may have access to. If the court agrees the change is real and lasting, it can lower, raise, or end the maintenance order.
Spousal maintenance also ends automatically if the receiving spouse remarries or if the time limit expires. If the order was for five years and five years pass, the obligation ends without either spouse having to ask the court.
How spousal maintenance differs from child support in Texas
Spousal maintenance and child support are separate obligations with different rules. Child support is based on the paying parent's income and the number of children, and it continues until the child turns 18 (or 19 if still in high school). Spousal maintenance is based on the paying spouse's income and the length of the marriage, and it has a maximum duration tied to how long the marriage lasted.
A court can order child support even if it cannot order spousal maintenance — for example, in a five-year marriage with one child, the court must order child support but cannot order spousal maintenance because the marriage was too short. The reverse is also possible: in a fifteen-year marriage with no children, the court can order spousal maintenance but there is no child support obligation.
Both can be modified if circumstances change, but the grounds and process are similar. Both end if the receiving person's situation changes — child support ends when the child ages out, and spousal maintenance ends when the receiving spouse remarries or the time limit expires.
Frequently Asked Questions
Can I get alimony in Texas if I stayed home to raise children?
Not based on that reason alone. Texas does not recognize homemaking or child-rearing as grounds for spousal maintenance. You would need to meet one of the three legal grounds: a family violence conviction, a marriage of at least ten years, or a disability that prevents you from earning enough to meet basic needs. A long marriage combined with a disability is your strongest path.
What if my ex stops paying spousal maintenance?
You can file a motion for enforcement with the court. The court can hold your ex in contempt, order them to pay the back amount plus interest, and in some cases impose jail time. You may also hire an attorney or contact your local district attorney's family support division to pursue enforcement.
Does spousal maintenance end if I start earning more money?
Not automatically. Your increased income alone does not end the order. However, your ex can file a motion to modify based on the change in circumstances. The court will consider whether your income increase is substantial and whether the original order is still fair. The judge has discretion to lower or end the maintenance.
Can we agree to alimony outside of court in Texas?
Yes. You and your spouse can agree to spousal maintenance in a divorce settlement, and the court will usually approve it if both parties sign. This agreement can include amounts and durations that differ from what the law would allow if a judge ordered it. Once approved, it becomes part of your divorce decree and is enforceable.
Is spousal maintenance taxable income in Texas?
Federal tax law, not Texas law, determines this. Spousal maintenance paid under a divorce decree finalized after December 31, 2018, is not taxable to the receiving spouse and is not deductible by the paying spouse. Older decrees may have different rules. Consult a tax professional about your specific situation.