Alimony – How Do I Get Spousal Support In Texas?
Flower Mound | Lewisville | Highland Village | Denton County
Is There Alimony In Texas?
Texas has provisions for spousal support, but it’s referred to as “spousal maintenance” in the law rather than alimony or support. Texas doesn’t have alimony or provide for alimony after divorce in the way that other states do.

Spousal Maintenance In Texas
Flower Mound | Lewisville | Highland Village | Denton County
Spousal maintenance is not guaranteed in every Texas divorce case and is awarded in specific cases by considering factors in each divorce.
A spouse must be eligible for spousal maintenance, and then the amount of spousal maintenance and the length of time it will be paid will be calculated. Some of the factors that are considered are length of the marriage, the ages of the spouses, whether or not one spouse cannot support themselves due to disability, the marital estate or community property involved in the divorce and to be awarded to each spouse, and the spouse’s ability to provide for everyday necessities as well as a spouse’s basic needs. A court can also consider marital misconduct including adultery by either spouse, the contribution of a spouse who was a homemaker and property brought to the marriage by either spouse.
Factors That Are Considered:
Length of Marriage: Texas law sets out specific criteria for awarding spousal maintenance, including the length of the marriage. The divorcing couple must have been married for at least 10 years for the spouse to qualify for spousal maintenance. This is one of the most important factors. However, if the requesting spouse can prove other factors (such as disability or caring for a child with a disability), spousal maintenance may be awarded after a shorter marriage.
Ability to Support Themselves: If a court determines that a spouse is eligible for spousal maintenance in accordance with the Texas Family Code, the Court will decide how much should be paid, how long spousal maintenance will be paid, and how frequent the maintenance should be paid. The spouse seeking support or maintenance must demonstrate that they cannot meet their minimum reasonable needs without assistance considering the financial resources after the divorce is final. Texas law considers a spouse’s ability to support themselves including their job skills, age, employment history, education, and earning potential when making this determination.



Duration and Amount of Spousal Maintenance
Texas law places strict limits on how long and how much spousal maintenance can be awarded. The duration and amount of spousal maintenance will depend on various factors, including the length of the marriage and the spouse’s ability to support themselves. Marriages that are less than 10 years are generally not eligible for maintenance unless special considerations exist. Marriages lasting between 10 and not more than 20 years long provide that maximum maintenance time is five years. Marriages between 20 and not more than 30 years provide a maximum of paying maintenance to seven years. Marriages more than 30 years provide a maximum of 10 years for payment of maintenance.
Texas courts are required to limit the duration of spousal maintenance to the shortest reasonable period to allow the spouse seeking maintenance to earn sufficient income to support themselves unless special circumstances apply.
The amount of Texas spousal maintenance that a Court can award is limited to $5,000 per month or 20% of the paying spouse’s monthly gross income, whichever is less. Gross income includes all other income actually being received including trust income, retirement benefits with other specific exclusions listed.
Modifying or Terminating Texas Spousal Maintenance
Spousal maintenance in Texas will be terminated under certain circumstances. For example:
- If either spouse dies the spousal maintenance is terminated. If the recipient spouse remarries, spousal maintenance is automatically terminated. There are other factors that can be considered for terminating spousal maintenance including cohabitation with someone the former spouse has a dating or romantic relationship with.
- If either spouse experiences a significant change in circumstances, there may an opportunity to modify the spousal maintenance. However, the specific circumstances required by the Texas statutes and subsequent considerations available for the Court should be discussed with an experienced Texas family law attorney.
Another consideration regarding spousal maintenance is what a Court can order and what the divorcing spouses can agree to in divorce. There are differences between the options and all of those factors should be considered in any divorce situation and discussed with a divorce attorney who has experience in questions of alimony, spousal support, and spousal maintenance.
If you’re considering divorce and believe you may qualify for spousal maintenance—or if you’re the other spouse concerned about paying potential spousal maintenance—it’s crucial to work with an experienced family law attorney. At Peace & Associates our experienced divorce attorneys can help you understand the nuances of Texas law, gather the necessary information for your divorce or family law case, and advocate for your interests.
The award of spousal maintenance is very specific in each case, based on the facts and circumstances. Our Flower Mound divorce attorneys are available to meet with you and discuss your situation and questions. Our office is convenient to Corinth, Lewisville, Denton, Highland Village, Flower Mound, Lantana, Argyle, and Carrollton. Please call to set an appointment to meet with one of our experienced family law attorneys at 940-591-6006.
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