Texas is one of the most restrictive states in the country for court-ordered spousal support. Understanding the exact rules under Texas Family Code Chapter 8 can mean the difference between financial security and financial hardship after your divorce.
| $5,000 | 10 Yrs | 5–10 Yrs |
|---|---|---|
| Monthly cap (or 20% of gross income) | Minimum marriage length (in most cases) | Maximum duration of payments |
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Important: Texas law distinguishes between court-ordered spousal maintenance (governed by Chapter 8 of the Texas Family Code) and contractual alimony (a private agreement between spouses). The rules, caps, and enforcement mechanisms are different. This page covers both.
The Legal Framework
What Texas Calls “Alimony”
Texas does not use the word “alimony” in its statutes. The official legal term is spousal maintenance, governed by Chapter 8 of the Texas Family Code (§§ 8.001–8.401). Texas courts may order spousal maintenance only when a spouse meets specific, narrowly defined eligibility requirements — the standard is deliberately restrictive.
There is a second, distinct form of post-divorce support: contractual alimony. This is an agreement reached between divorcing spouses (typically in a mediated settlement), and it is not bound by the same caps and duration limits that apply to court-ordered maintenance. Both forms are discussed below.
Tex. Fam. Code § 8.051
The Statutory Baseline A Texas court may order spousal maintenance only if the spouse seeking support will lack sufficient property — including their separate property — to provide for their minimum reasonable needs after dissolution of the marriage, AND at least one of the four qualifying conditions is met.
Tex. Fam. Code § 8.051
Eligibility for Spousal Maintenance in Texas
To obtain court-ordered spousal maintenance in Texas, a spouse must satisfy a two-part test: (1) demonstrate an inability to meet minimum reasonable needs from their own property, and (2) qualify under at least one of the following four grounds:
✓ Family Violence Conviction. The paying spouse was convicted of, or received deferred adjudication for, family violence under § 71.004 against the other spouse or their child, within two years before the divorce was filed or while the divorce is pending. (§ 8.051(1).) The 10-year marriage requirement does not apply under this ground.
✓ Incapacitating Disability. The spouse seeking maintenance is unable to earn sufficient income to meet minimum reasonable needs because of an incapacitating physical or mental disability. (§ 8.051(2)(A).) No minimum marriage length is required.
✓ 10-Year Marriage. The spouses have been married for at least 10 years and the requesting spouse lacks the ability to earn sufficient income to meet their minimum reasonable needs. (§ 8.051(2)(B).) There is a rebuttable presumption that maintenance is unwarranted unless the requesting spouse has exercised diligence in seeking employment or developing marketable skills. (§ 8.053.)
✓ Custodian of a Disabled Child. The requesting spouse is the custodian of a child of the marriage — of any age — who requires substantial care because of a physical or mental disability, preventing the spouse from earning sufficient income. (§ 8.051(2)(C).)
Key Takeaway
Both parts of the test must be satisfied
Meeting one of the four qualifying grounds is not enough on its own. The requesting spouse must also independently demonstrate that they will lack sufficient property to cover their minimum reasonable needs. “Minimum reasonable needs” is not defined in the statute and is determined by the facts of each case.
Tex. Fam. Code § 8.055
How Much Can Texas Courts Award?
Texas law imposes a hard cap on the amount of court-ordered spousal maintenance. Under Texas Family Code § 8.055, the court may not order monthly maintenance that exceeds the lesser of:
§ 8.055 — Statutory Cap
$5,000 per month OR 20% of the paying spouse’s average gross monthly income — whichever is lower.
For example: if the paying spouse earns $20,000/month gross, 20% equals $4,000 — which is less than $5,000, so the maximum award is $4,000/month. If they earn $35,000/month, 20% would be $7,000, but the statutory ceiling is $5,000. “Gross income” includes wages, salary, commissions, bonuses, rental income, and retirement benefits. Courts do not automatically award the maximum.
Tex. Fam. Code § 8.054
Duration Limits on Spousal Maintenance
Texas law caps the duration of spousal maintenance and requires that courts order maintenance for the shortest reasonable period that allows the recipient to meet their minimum reasonable needs. (§ 8.054(a)(1).) The statutory maximums are:
| Marriage Length | Basis for Eligibility | Maximum Duration |
| Any length | Family violence conviction within 2 years of filing | Up to 5 years |
| 10 to < 20 years | 10-year marriage rule | Up to 5 years |
| 20 to < 30 years | 10-year marriage rule | Up to 7 years |
| 30 years or more | 10-year marriage rule | Up to 10 years |
| Any length | Incapacitating disability of the recipient | As long as disability persists |
| Any length | Custodian of a disabled child of the marriage | As long as condition persists |
§ 8.054(a)(1) — Shortest Reasonable Period
The “Shortest Reasonable Period” Rule
Even when a maximum cap applies, the court must order maintenance for only as long as is reasonably necessary for the recipient to obtain education, training, or employment sufficient to meet their own minimum reasonable needs. A spouse is not entitled to the maximum duration simply because they qualify for maintenance.
Tex. Fam. Code § 8.052
Factors Courts Consider in Awarding Maintenance
When determining whether to award spousal maintenance and, if so, in what amount and for how long, Texas courts are required under § 8.052 to consider all relevant factors, including:
| Financial Resources of Each Spouse The property and income available to each spouse after division of marital assets, including separate property. | Education & Employment Skills The current employability of the requesting spouse and the time and cost needed for sufficient training. |
| Duration of the Marriage How long the parties were married and the roles each spouse played during that time. | Age, Physical & Emotional Condition The health of each spouse and any impairment affecting the ability to be self-supporting. |
| Marital Contributions Each spouse’s contributions including homemaking, childcare, and support of the other spouse’s education or career. | History of Family Violence Any documented pattern of family violence, as defined by § 71.004, by either party. |
| Ability of Paying Spouse to Meet Needs Whether the paying spouse can provide support while also meeting their own minimum reasonable needs. | Child-Rearing Responsibilities Whether either spouse’s custodial duties for minor children affect their employment capacity. |
BEYOND COURT-ORDERED MAINTENANCE
Contractual Alimony: A Critical Alternative
When spouses reach a negotiated divorce settlement, they can agree to contractual alimony — a private support arrangement not subject to the eligibility restrictions, duration caps, or amount limits of Chapter 8. This means contractual alimony can exceed $5,000 per month and can last longer than the statutory maximums.
The trade-off: contractual alimony requires the other spouse’s agreement. If your spouse will not agree, the only option is court-ordered maintenance under Chapter 8 — with all of its limitations. Contractual alimony is also enforced differently: it is treated as a contract obligation, not a court order, which affects how non-payment is remedied.
For many Houston divorces — particularly those involving high-net-worth spouses, business owners, or executives — negotiating contractual alimony as part of a mediated settlement can achieve far better outcomes than litigating for court-ordered maintenance.
Tex. Fam. Code §§ 8.056–8.057
Modification, Termination & Enforcement
§ 8.056 — Automatic Termination
When Spousal Maintenance Automatically Ends Court-ordered spousal maintenance automatically terminates upon: (1) the death of either party, or (2) the remarriage of the recipient spouse. Additionally, under § 8.061, maintenance terminates if the recipient spouse cohabitates with another person in a permanent, romantic relationship (conjugal cohabitation).
§ 8.057 — Modification
Seeking a Change in Maintenance Either party may seek modification of a spousal maintenance order if there has been a material and substantial change in circumstances since the order was signed. Examples include significant job loss, a major change in the paying spouse’s income, or a change in the recipient’s health, employment, or financial situation.
§§ 8.058–8.059 — Enforcement
Non-Compliance Consequences Failure to pay court-ordered spousal maintenance can result in income withholding (wage garnishment) and contempt of court proceedings. A judge can hold the paying spouse in contempt, which may result in fines or, in cases of willful non-compliance, incarceration.
Know the Facts
Common Misconceptions About Texas Alimony
| ✗ MYTH “Alimony is automatically awarded in divorce.” | ✓ FACT Texas begins with a presumption against awarding spousal maintenance. The requesting spouse carries the burden of proving both financial need and eligibility under one of the four grounds in § 8.051. |
| ✗ MYTH “Texas courts award alimony for life.” | ✓ FACT Permanent alimony does not exist as a general matter in Texas. Maintenance is time-limited by statute. Indefinite-duration maintenance is only possible in disability situations under § 8.054(b). |
| ✗ MYTH “The higher-earning spouse always pays.” | ✓ FACT Either spouse can be the obligor. The statute is gender-neutral. What matters is who lacks the ability to meet minimum reasonable needs and who meets the eligibility criteria. |
| ✗ MYTH “A 9-year marriage qualifies if the need is great enough.” | ✓ FACT Under the 10-year marriage ground (§ 8.051(2)(B)), courts have no discretion to award maintenance for marriages shorter than 10 years — unless one of the other three grounds applies. |
Frequently Asked Questions About Texas Alimony
Does Texas have alimony?
Yes. Texas allows post-divorce financial support, but calls it spousal maintenance under Texas Family Code Chapter 8. It is significantly harder to obtain than alimony in most other states because of strict eligibility requirements, a cap on the amount, and hard limits on duration. A private contractual alimony agreement is also possible and is not subject to those statutory limits.
How long do you have to be married to get alimony in Texas?
In most cases, the marriage must have lasted at least 10 years. Exceptions exist when: (1) the paying spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing; (2) the requesting spouse has an incapacitating disability; or (3) the requesting spouse is the custodian of a disabled child of the marriage.
How much alimony will a Texas court order?
Under Tex. Fam. Code § 8.055, the amount cannot exceed the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income. Courts do not automatically award the maximum — the amount is further limited to what is necessary to meet the recipient’s minimum reasonable needs.
Can spousal maintenance be modified after the divorce?
Yes. Under Tex. Fam. Code § 8.057, either party can seek modification if they show a material and substantial change in circumstances since the order was entered. The court may increase, decrease, or terminate the maintenance award.
Does remarriage end alimony in Texas?
Yes. Under § 8.056, court-ordered spousal maintenance automatically terminates if the recipient spouse remarries. Cohabitation with a romantic partner in a permanent relationship can also terminate maintenance under § 8.061. Contractual alimony terms depend on the specific language of the parties’ agreement.
What is the difference between spousal maintenance and contractual alimony in Texas?
Spousal maintenance is awarded by a court under Chapter 8, requires proof of eligibility, is capped at $5,000/month or 20% of gross income, and is limited in duration by statute. Contractual alimony is a voluntary agreement between spouses that can exceed the statutory caps and last longer. It is enforced as a contract, not a court order, so remedies for non-payment differ.
Greater Houston Service Area
Serving Harris County and the Houston Metro
Our attorneys represent spouses seeking or contesting spousal maintenance throughout the Greater Houston area, across Harris, Fort Bend, Montgomery, Brazoria, and Galveston Counties. Courts in each county have their own local practices — local experience matters.
The key cities we serve include: Houston, The Heights, River Oaks, Missouri City, Sugar Land, Stafford, Richmond, Pearland, Cypress,
Conroe, The Woodlands, Spring, Tomball, Rosharon, Pasadena, BayTown , League City, Humble , Alvin , Lake Jackson, Friendswood, Texas City and Katy.
Protect Your Financial Future in Divorce
Whether you are seeking spousal maintenance or defending against it, the stakes are high and the rules are strict. Our team includes a board-certified family law attorney with advanced business and negotiation credentials — ready to advocate for your interests in Harris County courts and beyond.
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