Texas has strict rules about when alimony is ordered and how much

Texas courts can order one spouse to pay the other after divorce, but only under specific circumstances. The state calls this spousal maintenance, not alimony, and it is harder to get than in most other states. A judge will not award it straightforward because one spouse earns more or one spouse stayed home — the person asking must meet one of four legal grounds, and even then the amount and length are capped by law.

The four grounds are: the paying spouse was convicted of a crime of moral turpitude during the marriage or within two years of filing for divorce; the paying spouse committed family violence within two years of filing; the marriage lasted at least ten years and the other spouse cannot earn enough to cover basic needs; or the other spouse is unable to work because of a disability, illness, or caring for a child with a disability. Without one of these, spousal maintenance is not available, no matter how unequal the incomes are.

Key Takeaways

  • Texas spousal maintenance requires one of four legal grounds — conviction of a crime of moral turpitude, family violence, a ten-year marriage where the other spouse cannot meet basic needs, or the other spouse's disability or caregiving role.
  • The maximum monthly payment is the lesser of $5,000 or 20 percent of the paying spouse's average gross monthly income, though the actual amount depends on what the judge finds the other spouse needs.
  • Spousal maintenance typically lasts no longer than five years, except in cases of disability or when the marriage lasted 30 years or more, when it can extend to ten years.
  • The court looks at both spouses' earning capacity, education, age, health, and how long the marriage lasted when deciding whether to order maintenance and how much.

The four legal grounds that allow a judge to order spousal maintenance

A spouse seeking maintenance must prove at least one of four conditions. The first is that the other spouse was convicted of a crime of moral turpitude — a crime involving dishonesty or depravity — during the marriage or within two years before the divorce was filed. This includes felonies like theft, fraud, or violence, but not all crimes may have access to. The conviction must be final; an appeal does not stop the clock.

The second ground is that the other spouse committed family violence within two years of filing for divorce. This includes assault, threatening behavior, or patterns of control. The violence does not have to result in a conviction — a protective order or even testimony at trial can establish it. The two-year window runs from the date the divorce case was filed, not from when the violence occurred.

The third ground applies when the marriage lasted at least ten years and the spouse seeking maintenance cannot earn enough to cover basic living expenses. "Basic living expenses" means food, utilities, housing, and medical care — not a comfortable lifestyle. The court compares what the spouse can earn (based on age, education, and job history) to what those expenses actually are. A spouse who has not worked in years and is over 50 may meet this ground even if they could theoretically find part-time work.

The fourth ground is that the spouse seeking maintenance is unable to work because of a disability, illness, or because they are the primary caregiver for a child with a disability. The disability must be documented, and the caregiver must show they cannot work while providing that care. This ground has no time limit on the marriage length.

How much a judge can order and for how long

Once a judge finds one of the four grounds exists, the amount and duration are still not automatic. The maximum monthly payment is the lesser of $5,000 or 20 percent of the paying spouse's average gross monthly income. So if the paying spouse earns $30,000 per month, 20 percent is $6,000, but the cap is $5,000. If they earn $20,000 per month, 20 percent is $4,000, which is below the cap, so $4,000 is the maximum available.

The actual amount ordered is usually less than the maximum. The judge considers what the other spouse actually needs to cover basic expenses, how long the marriage lasted, both spouses' ages and health, their earning capacity and education, and whether the paying spouse has other financial obligations like child support. A 35-year-old with a college degree and ten years of work history may receive less than a 62-year-old who has never worked outside the home.

The length of maintenance depends on the ground used. If the ground is family violence or a crime of moral turpitude, maintenance can last up to five years. If the ground is the ten-year marriage and inability to meet basic needs, it can last up to five years, unless the marriage lasted 20 years or more, in which case it can last up to ten years. If the ground is disability or caregiving, there is no time limit — maintenance can continue indefinitely, though it can be modified or ended if circumstances change.

What happens if circumstances change after the order is made

Spousal maintenance orders are not permanent unless the marriage lasted 30 years or more and the disability or caregiving ground was used. In all other cases, either spouse can ask the court to modify or end the maintenance if there has been a material and substantial change in circumstances. This might be a job loss, a significant raise, a serious illness, or the other spouse remarrying or cohabiting with someone else.

The spouse paying maintenance can also ask to reduce or stop payments if the other spouse remarries or begins living with someone in a romantic relationship. Texas law treats remarriage and cohabitation the same way — both end the obligation to pay. The spouse receiving maintenance does not have to report this change; the paying spouse must file a motion to modify and prove the change occurred.

If the paying spouse stops paying without a court order, the other spouse can file a contempt motion and ask the judge to hold them in contempt of court. This can result in fines or jail time. The proper route is always to file a modification motion first.

How spousal maintenance differs from property division and child support

Spousal maintenance is separate from the division of marital property. When a marriage ends, the court divides assets and debts acquired during the marriage — the house, retirement accounts, vehicles, and so on. This is a one-time division. Spousal maintenance is an ongoing monthly payment and is treated differently for tax purposes and modification purposes.

Child support is also separate. If there are children, the court calculates child support based on the paying parent's income and the number of children, using a formula set by Texas law. Child support can be ordered even if spousal maintenance cannot. A spouse with no grounds for maintenance might still owe child support, and vice versa.

In some cases, a spouse might receive a larger share of property in exchange for giving up the right to ask for spousal maintenance. This is a negotiated trade-off and must be agreed to in writing. Once both spouses sign, the right to maintenance is waived and cannot be claimed later, even if circumstances change dramatically.

How to present a case for spousal maintenance in court

If you believe you have grounds for spousal maintenance, you must plead it in your divorce petition or response. straightforward asking for it at trial without having raised it earlier may not be allowed. Your attorney or the court forms will have a section for spousal maintenance; you check the box and state which ground applies.

At trial, you will need to present evidence of the ground you are relying on. If it is family violence, you might bring a protective order, police reports, medical records, or testimony from witnesses. If it is a ten-year marriage and inability to meet basic needs, you will need to show your age, education, work history, and current earning capacity, as well as a list of your basic monthly expenses. If it is disability, you will need medical documentation. If it is a crime of moral turpitude, you will need the conviction record.

You will also need to show what amount you need. Bring documentation of your actual expenses — rent or mortgage, utilities, groceries, medical costs, insurance. The judge will compare this to what you can earn and decide whether to order maintenance and how much. Exaggerating expenses or claiming needs beyond basic living costs weakens your case.

Frequently Asked Questions

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

Not in Texas unless one of the four legal grounds applies. Income difference alone is not enough. You must show that the marriage lasted ten years and you cannot earn enough for basic needs, or that one of the other three grounds exists. Many states award maintenance based on income disparity, but Texas does not.

Does staying home to raise children give me grounds for spousal maintenance?

Only if the marriage lasted at least ten years and you cannot earn enough to cover basic living expenses now. straightforward having been a stay-at-home parent is not a ground by itself. You must show that you lack the education, skills, or job history to earn sufficient income, and that basic expenses exceed what you can make.

What if my spouse stops paying spousal maintenance?

File a motion for contempt with the court that issued the order. Bring documentation showing the missed payments. The judge can order the back payments paid, plus attorney fees, and can impose fines or jail time. Do not try to collect it yourself or withhold visitation; go through the court.

Can spousal maintenance be modified if my spouse gets a big raise?

Yes, if the raise is large enough to be a material and substantial change in circumstances. Your spouse would file a motion to modify, and the judge would recalculate based on the new income. The maximum is still 20 percent of gross monthly income or $5,000, whichever is less, so there is a ceiling even if income rises significantly.

Does remarriage end spousal maintenance automatically?

Remarriage ends the obligation to pay, but the paying spouse must file a motion to modify and prove the remarriage occurred. It does not stop automatically. If you remarry and your ex does not file, they may still try to collect later, so notify them in writing and keep proof of the remarriage.