Spousal maintenance is money one spouse may be ordered to pay the other after a divorce in Texas. Unlike some states, Texas treats court-ordered maintenance as limited support, available only when a spouse meets specific requirements set by law. This article explains, in plain language, who qualifies for spousal maintenance in Texas, how court-ordered maintenance differs from contractual alimony, and what a judge looks at when deciding the amount and how long it lasts. It is general information, not legal advice.
Court-ordered maintenance vs. contractual alimony
Texas law uses the term spousal maintenance for support a court orders after a divorce. It is governed by Chapter 8 of the Texas Family Code, which sets who can receive it, how much, and for how long. Contractual alimony is different. It is support the spouses agree to in a settlement and write into their divorce decree, and it is enforced as a contract. Because it is voluntary, contractual alimony is not bound by the Chapter 8 caps or time limits, so spouses sometimes use it when they want more flexibility than a court order allows. The rest of this article focuses on court-ordered maintenance, which is where the strict qualification rules live. For an overview of this practice area, see our Houston spousal support page.
The starting point: your minimum reasonable needs
Before any of the categories below apply, a Texas court can order maintenance only if the spouse asking for it will not have enough property, including their own separate property, to provide for that spouse’s minimum reasonable needs after the divorce. What counts as minimum reasonable needs is decided case by case, based on the person’s actual circumstances. If a spouse can meet those needs from the property they are awarded, maintenance generally is not available, no matter how long the marriage lasted. This threshold applies to every path to maintenance, so it is the right place to start.
Who qualifies: the eligibility checklist
Assuming that starting point is met, a spouse must also fit at least one of these categories under the Family Code:
- Family violence. The spouse who would pay was convicted of, or received deferred adjudication for, an offense that is also family violence against the other spouse or that spouse’s child, and the offense happened within two years before the divorce was filed, or while the case is pending.
- A marriage of ten years or longer. The spouse seeking maintenance was married to the other spouse for ten years or longer and lacks the ability to earn enough income to meet their minimum reasonable needs.
- An incapacitating disability. The spouse seeking maintenance cannot earn enough income to meet their minimum reasonable needs because of an incapacitating physical or mental disability.
- Caring for a disabled child. The spouse seeking maintenance is the custodian of a child of the marriage, of any age, who needs substantial care and personal supervision because of a physical or mental disability, and that responsibility keeps the spouse from earning enough income.
Only one category needs to apply, but the minimum reasonable needs requirement applies in every case. Eligibility turns on the facts, so two marriages that look similar on the surface can reach different results.
The presumption against maintenance
For the ten-year marriage category, Texas law starts with a rebuttable presumption that maintenance is not warranted. To overcome it, the spouse asking for support generally must show diligence, either in trying to earn enough income to meet their minimum reasonable needs, or in developing the skills to do so, during the separation and while the divorce is pending. In plain terms, a spouse who is able to work is usually expected to make a genuine effort toward self-support, and the court considers that effort. This presumption does not apply in the same way to maintenance based on family violence, a disability, or care for a disabled child.
What the court looks at
If a spouse is eligible, the court then decides the nature, amount, duration, and manner of payments by weighing all relevant factors. The Family Code lists factors that include:
- each spouse’s ability to meet their own minimum reasonable needs, considering what they receive in the divorce;
- the education and job skills of the spouses, and the time and feasibility of training that would help the spouse seeking support earn enough;
- the length of the marriage;
- the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
- the effect that paying child support or maintenance has on each spouse’s ability to meet their own needs;
- any excessive or abnormal spending, or the hiding or improper transfer of community property;
- one spouse’s contribution to the other’s education, training, or increased earning power;
- the property each spouse brought to the marriage;
- a spouse’s contribution as a homemaker; and
- marital misconduct, including adultery and cruel treatment, and any history or pattern of family violence.
No single factor controls. The judge weighs them together based on the record in the case.
How much and how long
Texas caps court-ordered maintenance. A court cannot order a monthly payment of more than the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Whichever figure is smaller sets the ceiling, so the cap depends on the payer’s income.
Duration is limited too, and it is generally tied to the length of the marriage. As a general rule, a court orders maintenance for the shortest reasonable period that lets the spouse seeking it earn enough to meet their minimum reasonable needs. The outside limits are up to five years if the marriage lasted less than ten years and maintenance is based on family violence, or if the marriage lasted ten to twenty years; up to seven years for a marriage of twenty to thirty years; and up to ten years for a marriage of thirty years or more. There is an exception for a spouse who cannot become self-supporting because of a disability, or because they care for a disabled child of the marriage. In those situations, maintenance can continue for as long as that condition continues, subject to the court’s review.
Fault, misconduct, and the decision to seek maintenance
Being wronged during the marriage does not by itself make a spouse eligible. Eligibility turns on the categories above. Once a spouse does qualify, though, marital misconduct such as adultery or cruel treatment is one of the factors a court may weigh when setting the amount and how long maintenance lasts. For how fault can affect a Texas divorce more broadly, including property division, see our Houston divorce lawyer page.
How Hinojosa Law Office, P.C. helps
Hinojosa Law Office, P.C. is a family law firm on Uvalde Road in East Houston, led by attorney Monica A. Hinojosa. We help Houston and Harris County clients understand whether spousal maintenance may apply to their situation, work through the eligibility rules, and plan for a fair result, in English and Spanish. If you would like to talk with a Houston family law attorney about your circumstances, you can call (713) 455-3575 or reach us through our contact page. Se habla español.
General information about Texas law, not legal advice. Whether spousal maintenance applies depends on the specific facts of each case, so please consult an attorney about your situation.
Frequently Asked Questions
Who qualifies for spousal maintenance in Texas?
A spouse must first lack enough property to meet their minimum reasonable needs, and then fit at least one category: family violence by the other spouse within two years before filing or during the case, a marriage of ten years or longer with an inability to earn enough, an incapacitating disability, or caring for a disabled child of the marriage.
What is the presumption against spousal maintenance?
For the ten-year marriage category, Texas law presumes maintenance is not warranted unless the spouse seeking it shows diligence in trying to earn enough income or build the skills to meet their minimum reasonable needs during the separation and while the case is pending. The presumption can be rebutted.
What does a Texas court consider when setting spousal maintenance?
The court weighs factors such as each spouse’s ability to meet their own needs, education and job skills, the length of the marriage, age and earning ability, contributions as a homemaker, marital misconduct, and any history of family violence.
Is contractual alimony the same as court-ordered maintenance?
No. Court-ordered maintenance follows Chapter 8’s eligibility rules, caps, and time limits. Contractual alimony is support the spouses agree to in a settlement, so it is not bound by those limits and can be more flexible.
