Texas does not recognize alimony in the traditional sense used in many states. Instead, Texas law allows limited court-ordered spousal maintenance in specific situations, or contractual alimony when spouses agree to support payments by contract.
Spousal maintenance is governed by the Texas Family Code and is not automatically awarded in divorce. Courts may order support only when strict eligibility requirements are met, and both the amount and duration are capped by statute.
If you are looking for support or responding to a request for it, an experienced Frisco family and divorce lawyer can explain how these Texas alimony rules apply to your situation.
What qualifies for spousal maintenance in Texas?
Texas courts may award spousal maintenance only if the requesting spouse lacks sufficient property to meet their minimum reasonable needs and meets at least one statutory condition under Texas Family Code Section 8.051.
A spouse may qualify if:
- The marriage lasted at least 10 years, and the spouse cannot earn sufficient income to meet basic needs
- The spouse has a physical or mental disability that limits earning ability
- The spouse is the primary caregiver for a disabled child of the marriage, whose care prevents sufficient employment
- The other spouse was convicted of or received deferred adjudication for family violence within two years before the divorce filing or while the divorce was pending
Meeting one of these conditions does not guarantee spousal maintenance. The court still evaluates whether the requesting spouse has adequate property or resources available.
In limited cases involving sponsored immigrants, spousal maintenance may also be tied to the enforcement of a federally required Affidavit of Support signed during the immigration process.
How long can spousal maintenance last in Texas?
When a court awards spousal maintenance, Texas law limits how long support payments may continue. The duration depends largely on the length of the marriage and the basis for eligibility.
Courts may order maintenance for:
- Up to five years for marriages under 20 years that involve family violence or qualifying circumstances
- Up to seven years for marriages lasting at least 20 years
- Up to 10 years for marriages lasting at least 30 years
If the requesting spouse has a permanent disability or is caring for a disabled child, maintenance may continue for as long as the qualifying condition persists. Courts may require periodic reviews to confirm the continued need for support.
What factors do Texas courts consider when setting spousal maintenance?
After a spouse qualifies, the court considers multiple factors to determine how much spousal maintenance to award and how long it should last. Texas law also limits the amount a court can order, placing statutory caps on monthly spousal maintenance payments.
Courts consider issues like each spouse’s earning ability, financial resources, and employment history, along with:
- Whether a spouse needs time to obtain education or training to earn a sufficient income
- Contributions one spouse made to the other’s education, training, or career advancement
- The role of a spouse as a homemaker
- Misuse or concealment of marital funds
- Any history of family violence
These factors help the court assess what level of support, if any, is appropriate under Texas law. Courts may also consider whether the requesting spouse has made reasonable efforts to become self-supporting through employment, training, or education, unless an exception applies.
Is spousal maintenance the same as contractual alimony?
Court-ordered spousal maintenance is different from both a power of attorney and contractual alimony.
Contractual alimony, on the other hand, exists only if spouses agree to it through a prenuptial agreement or divorce settlement. Courts enforce the contract but do not impose the payment terms themselves.
When does spousal maintenance end in Texas?
Spousal maintenance ends when the court-ordered term expires. It may also terminate earlier if either spouse dies or the receiving spouse remarries. In some situations, a court hearing may be required to confirm whether termination conditions have been met.
What should you know before seeking or opposing spousal maintenance?
Spousal maintenance in Texas is intentionally quite limited. Courts do not award it simply because one spouse earns more than the other, and many divorces do not qualify for it.
Spousal maintenance cases require careful preparation. Courts apply strict statutory limits, and eligibility has to be clearly established. Albin Oldner Law attorneys help clients understand how Texas law applies to their financial circumstances and present clear, well-supported positions to the court. To discuss your situation, contact Albin Oldner Law at (214) 423-5100 or contact us online to schedule a confidential consultation.
