Texas calls it spousal maintenance rather than alimony, and the difference in terminology reflects a real difference in approach. Texas has historically taken a skeptical view of long-term spousal support, and the statutory framework reflects that — eligibility requirements are strict, the amounts are capped, and the duration is limited.
To qualify for spousal maintenance in Texas, you must generally meet one of these criteria: the marriage lasted at least 10 years and you lack sufficient property to meet your minimum reasonable needs; you have a disability that prevents you from meeting those needs; or you are caring for a child of the marriage with a disability that prevents you from working.
The amount of spousal maintenance is capped at $5,000 per month or 20% of the paying spouse's average gross monthly income, whichever is less. The duration is limited based on how long the marriage lasted: marriages of 10-20 years support a maximum of 5 years of maintenance; 20-30 years support up to 7 years; 30+ year marriages support up to 10 years. Except in cases of disability, Texas courts treat spousal maintenance as rehabilitative — designed to allow the receiving spouse to become self-sufficient, not as permanent income.
Contractual alimony — agreed payments that exceed what a court would order — can also be negotiated as part of a divorce settlement. Unlike court-ordered maintenance, contractual alimony terms are determined by agreement. An attorney advises on both options and helps negotiate terms that are sustainable and enforceable.
What You Need to Know
Key Facts About This Case Type
Eligibility requirements are strict
The marriage must have lasted at least 10 years and you must lack sufficient property to meet minimum reasonable needs — or qualify under the disability or caregiving exceptions.
Amount is capped
The lesser of $5,000/month or 20% of the paying spouse's average gross monthly income. Courts cannot order more, regardless of the marriage length or disparity in income.
Duration limits apply
5 years for marriages of 10-20 years. 7 years for 20-30 year marriages. 10 years for 30+ year marriages. Disability maintenance is not subject to these caps.
Contractual alimony is an alternative
Parties can agree to support payments as part of a divorce settlement that exceed what a court would order. Contractual alimony is governed by the agreement, not the statutory limits.
Common Questions
Frequently Asked Questions
Related Practice Areas
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