If you have questions about spousal support in a Houston divorce, Hinojosa Law Office, P.C. can help you understand your rights and options. Attorney Monica A. Hinojosa serves families in East Houston and across the greater Houston area with compassionate, practical guidance. Se habla español.

Spousal Support in Texas

Texas treats spousal support differently from many other states. Court-ordered support after divorce is called spousal maintenance, and it is available only in specific circumstances and within limits set by the Texas Family Code. Spouses may also agree to contractual alimony, which works differently (see below).

Who May Qualify for Spousal Maintenance

A court may order spousal maintenance when the spouse asking for support will lack sufficient property or income to provide for their minimum reasonable needs, and at least one of the following applies:

  • The marriage lasted 10 years or longer and the requesting spouse lacks the ability to earn enough to meet their minimum reasonable needs;
  • The other spouse was convicted of or received deferred adjudication for family violence within a period set by law before or during the divorce;
  • The requesting spouse has an incapacitating physical or mental disability; or
  • The requesting spouse cares for a child of the marriage who requires substantial care because of a disability, which prevents that spouse from earning sufficient income.

Limits on Amount and Duration

Texas caps court-ordered spousal maintenance. The monthly amount generally cannot exceed the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. The length of maintenance is also limited based on the length of the marriage and the basis for the award — for example, up to 5, 7, or 10 years for longer marriages, with different rules when maintenance is based on family violence or disability. A court orders maintenance only for as long as the law and the circumstances allow.

Factors Courts Consider

When deciding whether to award maintenance and how much, Texas courts look at factors such as each spouse’s financial resources, education and employment skills, the duration of the marriage, each spouse’s age and health, contributions as a homemaker, and any relevant misconduct during the marriage. Careful presentation of these factors can make a meaningful difference.

Contractual Alimony vs. Court-Ordered Maintenance

Contractual alimony is support the spouses agree to as part of their settlement. Because it is based on agreement, it is not limited by the statutory caps that apply to court-ordered maintenance, and it is generally enforced like a contract. Court-ordered spousal maintenance, by contrast, is limited by statute and enforced through the family court. We can help you weigh which approach fits your situation.

Related Family-Law Matters

Spousal support usually comes up during divorce and alongside issues involving children. See our Houston divorce, child custody, and child support pages, or our family-law services overview.

How Hinojosa Law Office, P.C. Helps

Attorney Monica A. Hinojosa provides personalized guidance on spousal maintenance and alimony, helping clients understand what the law allows and pursue a fair result. We serve families throughout Houston, including the East Houston, Northshore, and Uvalde Road communities, in English and Spanish.

Meet attorney Monica A. Hinojosa, the Houston family-law attorney at Hinojosa Law Office, P.C.

Schedule a Consultation

To discuss spousal support with a Houston family-law attorney, contact Hinojosa Law Office, P.C. today.

Hinojosa Law Office, P.C.
540 Uvalde Rd, Suite D, Houston, TX 77015
Phone: 713-455-3575
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This page provides general information about Texas spousal-support law and is not legal advice. Every situation is unique; please consult an attorney about your specific circumstances.