Posted by Mary E. Ramos | Divorce
Divorce is a matter of law—a legal issue that must involve a judge—and there are legal protections intended to prevent unjust financial outcomes to the proceeding. In Texas, one of these protections in is alimony or spousal maintenance, which protects against one spouse from suffering from extreme economic hardship after the divorce.
Under Texas law, only a limited number of couples qualify for alimony in divorce. Spouses preparing for a divorce should speak with attorneys honestly about alimony to determine their rights and potential liability.
Is There Alimony in Texas?
Texas family law refers to “alimony” a handful of times, but it does not explain what alimony is. As a result, some are unsure if there is alimony in Texas. Under state law, one former spouse may receive “spousal maintenance” from the other. In other words, spousal maintenance is Texas’ equivalent to alimony. However, Texas limits spousal maintenance availability to long-term marriages involving spouses with certain characteristics.
What Is Alimony in Texas?
Alimony is the financial support that one spouse pays to the other in addition to child support and distributions of assets from the divorce settlement. The idea behind alimony laws is to ensure that the lower–earning or non-earning spouse can meet their reasonable and necessary needs and avoid serious economic harm or poverty due to the divorce.
For example, if one spouse was a homemaker for 15 years during the marriage before the divorce, that spouse’s lack of work experience and job skills means that it will be hard for them to support themselves and find a job immediately after the marriage dissolves. Alimony may be used to prevent the spouse from falling into poverty or other harms.
Good attorneys aim to ensure their clients don’t suffer too drastically after divorce, as well as making sure their clients don’t pay out too high for a spouse that can support themself.
Who Qualifies for Alimony After Divorce in Texas?
There are four different conditions, according to Texas law, that qualify a spouse for alimony. In other words, if you fit one of these categories, you may successfully request alimony. If you don’t, a judge won’t grant it. Those conditions are:
- One of the spouses was convicted in a court of law of family violence against the other spouse or the child of the marriage;
- A spouse is unable to earn enough income to provide for their basic needs because of a physical or mental disability;
- The marriage lasted for 10 years, and one spouse is unable to earn enough income immediately after the marriage ends to provide for reasonable and necessary basic needs; and
- One of the spouses cares for a child of the marriage that has physical or mental disabilities, preventing the spouse from earning enough money to provide for themselves.
Family violence involves one member of a household doing something to another household member that they intend to cause:
- Physical harm or bodily injury,
- Sexual assault, or
- The fear of imminent physical injury or sexual assault.
To be convicted of family violence means a court concluded that the spouse committed one of these acts directed at the other spouse or a child.
Attorneys can help their clients present evidence in court that shows they qualify for alimony in Texas during their divorce. If the spouse claims they cannot support themselves immediately after the marriage, it’s also their burden to show they’ve looked for jobs and have encountered some barrier in finding gainful employment. This means the spouse must offer some evidence of their job-searching efforts, including, for example, documentation of submitted job applications or testimony in court.
The judge determines the amount and length of time that a spouse receives alimony. There are also statutory limits to alimony in Texas based on the length of the marriage.
How Much Is Alimony in Texas?
Texas law limits alimony amounts to the lesser of $5,000 or 20% of the spouse’s monthly income. Within that range, if a court determines that a spouse has proven they fit into one of the categories that allow the judge to grant alimony, the judge evaluates the amount of alimony by considering several factors.
Those factors include:
- Each spouse’s ability to independently provide for their minimum needs,
- Each spouse’s financial situation and property,
- The education and employment background of the spouses,
- How long it would take for the lower-earning spouse to obtain skills or education to increase their earning capacity,
- The length of the marriage,
- The requesting spouse’s age and health,
- The effect of any child support payments,
- Wrongdoing by either spouse that negatively impacted the value of marital property,
- Contributions by one spouse to the other’s earning capacity and the home,
- Whether a spouse committed adultery or treated the other spouse cruelly during the marriage, and
- Whether the spouses have a history of family violence.
In this context, the judge may consider family violence even if a court has never convicted the other spouse of an offense falling into its definition.
Based on these items, the judge orders an alimony amount to help the lower earner cover their minimum needs. These minimum needs typically include items like housing, food and water, healthcare, and adequate clothing. Generally, to fall on the higher end of the alimony payment scale, the spouse requesting alimony must have reasonably unavoidable expenses related to those needs, and the other spouse must earn a high income.
How Long Does Alimony Last in Texas?
Texas law limits the length of alimony. These limits typically depend on how long the spouses were married. A judge may grant alimony that lasts:
- Up to 5 years if the spouses were married less than 10 years but the requesting spouse qualifies for alimony based on the other spouse having committed family violence;
- Up to 5 years if the spouses were married between 10 and 20 years and the requesting spouse qualifies for alimony based on another reason;
- Up to 7 years if the spouses were married for between 20 and 30 years; and
- Up to 10 years if the spouses were married for 30 years or longer.
In any case, the court only grants alimony for the shortest reasonable amount of time it will take for the lower-earning spouse to increase their earning capacity. The judge decides what a reasonable amount of time is by considering practical facts about the spouse’s education, work history, and employment prospects.
Alimony may end when:
- The court-ordered end date occurs,
- The spouse who receives it remarries, or
- A spouse requests that it end due to substantial changes in the paying spouse’s ability to pay.
In rare situations where the requesting spouse has a disability that prevents them from ever providing for their basic needs, the order may be indefinite. An order may also be indefinite if the receiving spouse cares for a shared child with physical or mental disabilities, even into adulthood, if providing that care prevents the receiving spouse from providing for their basic needs.
Other Financial Benefits in Divorce
Divorce attorneys can also help a spouse establish child support, distribute marital property and resolve other elements of the marriage. One should also consider more cost-effective and convenient methods for their divorce, if possible, like uncontested divorce and mediation, that help reduce the stress.
Even if you and your spouse do not qualify for alimony under Texas Law or your divorce is uncontested, a good divorce attorney in Houston can help guide you through the process quickly and efficiently, explaining your financial rights and obligations and saving you money in the long run. Sometimes, we can negotiate some form of alimony in exchange for other divorce terms.
Call an Expert Divorce Attorney in Houston
At Ramos Law Group, PLLC, we have qualified attorneys in Houston who are committed to fully explaining all of our clients’. Contact our office for more information or to speak with an attorney today.
Resources
Texas Family Code § 8.054, link.
Last Updated on May 13, 2025 by Mary E. Ramos
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