Posted by Mary E. Ramos | Divorce, Uncategorized
You’re staring down a divorce in Houston, and one question keeps coming back: Will you receive spousal support? How much? Or you may be wondering whether you’ll be the one writing the check every month for years to come. And again, how much?
Texas spousal maintenance can make a big difference to your finances after you separate. However, fewer spouses qualify for it than most people expect. Understanding the unique way that Texas handles this type of support is essential if you’re wondering where you stand.
At the Ramos Law Group, PLLC, we’re often asked about spousal maintenance. The answers surprise many who aren’t familiar with Texas divorce law. Contact our firm today.
What Texas Spousal Maintenance Eligibility Actually Requires
Most Texas spouses do not qualify for spousal maintenance, and the ones who do face strict limits on amount and duration. Here is what typically matters most.
- To qualify for court-ordered spousal maintenance in Texas, you must show you lack enough property or income to cover your minimum reasonable needs, plus meet at least one additional condition, such as a marriage of 10 years or more.
- Texas caps court-ordered spousal maintenance at $5,000 a month or 20% of the paying spouse’s gross income, whichever is less, and that cap has not changed since it was set in 2011.
- How long spousal maintenance lasts generally depends on the length of the marriage, ranging from up to 5 years for shorter marriages to up to 10 years for marriages of 30 years or more.
- Spouses who don’t meet the strict legal requirements for court-ordered maintenance may still negotiate contractual maintenance as part of a settlement, which isn’t subject to the same caps or eligibility rules.
What Is Spousal Maintenance, and Do Most Texas Spouses Qualify for It?
Spousal maintenance in Texas is money paid to a spouse to aid their transition to a self-sufficient life after a marriage breaks down. In other states, it’s usually called spousal support or alimony. Often, a long marriage alone can justify support in these states. However, in Texas, most spouses do not qualify for spousal maintenance, a fact that catches many people off guard.
Before 1995, Texas did not allow court-ordered alimony in any divorce. Today, it may be payable in marriages lasting 10 years or more, but the law places the burden on the spouse seeking maintenance to show they need it. The court assumes you do not need maintenance on that basis unless you prove otherwise. Overcoming that assumption takes real effort. You must show you tried to earn enough money or learn new job skills, both before and during the divorce. You must also clear another major hurdle, explained below.
Who Is Eligible for Texas Spousal Maintenance?
For a Texas court to order spousal maintenance, you need to prove two things at once. First, you must show that you don’t have enough property or income after the divorce to cover your minimum reasonable needs. This means what it actually costs to keep a roof over your head and food on the table, not to fund the type of lifestyle you used to have.
Second, you must also meet at least one of these other conditions:
- Your marriage lasted 10 years or more;
- Your spouse was found guilty of family violence against you, or agreed to a plea deal for it, within the last two years;
- You have a physical or mental disability; or
- You are caring for a child of the marriage who has a disability.
To successfully claim spousal maintenance, you must meet both conditions at the same time. If you don’t meet any of the second set of conditions, the court can’t award maintenance, regardless of your financial situation.
What Are the Caps on Spousal Support in Texas?
Even if a spouse qualifies for spousal maintenance, Texas caps the payments at $5,000 a month or 20% of the paying spouse’s gross income, whichever is less. This cap was set in 2011 and has not been adjusted since.
Gross income excludes certain benefits, such as:
- VA disability pay,
- Social Security benefits, and
- Workers’ compensation.
That means a spouse who appears to owe a large payment under the percentage rule might still pay less. The excluded income reduces the real number. These caps only apply to court-ordered maintenance. They do not limit a private contractual alimony agreement.
How Long Does Alimony Last in Texas?
If spousal maintenance is payable, how long it lasts depends mainly on how long the marriage lasted and why it was awarded in the first place:
- Marriage under 10 years with eligibility based on family violence—up to 5 years of support;
- Marriage of 10 to 20 years—up to 5 years of support;
- Marriage of 20 to 30 years—up to 7 years of support; and
- Marriage of 30 years or more—up to 10 years of support.
If the spouse receiving support, or a child they care for, has a disability, a court can order support for as long as that disability lasts. The court checks in on this from time to time.
Support can also end early. It stops automatically if either spouse dies or if the spouse receiving payments remarries.
A court can also end maintenance early if the paying spouse proves their ex now lives with a new partner. That relationship has to be serious and ongoing, not casual. Any payments already owed before that point still have to be paid.
Read more in this blog: How Long Does Alimony Last in Texas?
Can You Receive Alimony in a Texas Divorce Even If You’re Not Eligible for It by Law?
Yes, you still have one path left: A private deal with your spouse. Texas spousal maintenance actually comes in two very different forms:
- Court-ordered maintenance is what a judge can award under the strict rules outlined above.
- Contractual maintenance is a private agreement between you and your spouse, usually as part of your settlement.
In the second case, courts treat the agreement as a contract, so there is no cap on the amount or duration. It’s much more flexible, and you don’t need to meet any of the eligibility conditions described above.
However, if the payor stops paying contractual maintenance, the recipient may need to sue them, as they might be liable for any other broken contract. With court-ordered maintenance, the court itself can step in and force payment. That’s another key difference.
Frequently Asked Questions
What Is the Wife Entitled to in a Divorce in Texas?
Texas law does not base divorce decisions on gender. The court can order spousal maintenance for either spouse, husband or wife, under the rules described. When dividing property, both spouses have the right to a fair share of the assets built up during the marriage.
Can I Change Spousal Maintenance After a Judge Orders It?
Yes, but only if things change significantly, like a job loss or a serious illness. Courts call this a material and substantial change. The amount can go down, but never up.
Do You Pay Taxes on Spousal Maintenance in Texas?
No. Federal law does not tax spousal maintenance as income for the recipient. The spouse who pays it cannot deduct it either. This rule applies to divorces finalized after 2018.
Contact Us for Help with Spousal Maintenance During a Divorce in the Houston Area
The Ramos Law Group works only on family law cases, nothing else. Because of this, we know many of the judges who handle family law issues in the area and are familiar with how they approach cases.
If you’re trying to figure out whether you qualify for support or might be the one paying it, contact our spousal maintenance lawyers for a straight answer on where you stand.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Presumption, Tex. Fam. Code § 8.053 (2011).
- Eligibility for Maintenance, Tex. Fam. Code § 8.051 (2013).
- Amount of Maintenance, Tex. Fam. Code § 8.055 (2011).
- Duration of Maintenance Order, Tex. Fam. Code § 8.054 (2023).
- Termination, Tex. Fam. Code § 8.056 (2011).
- Factors in Determining Maintenance, Tex. Fam. Code § 8.052 (2011).
- Modification of Maintenance Order, Tex. Fam. Code § 8.057 (2021).
Last Updated on August 31, 2026 by Mary E. Ramos
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