Spousal Support & Maintenance in Texas

Texas has one of the most restrictive spousal maintenance (alimony) systems in the United States. Unlike most states where courts have broad discretion to award support, Texas limits eligibility and duration by statute. To be eligible for court-ordered spousal maintenance in Texas, you must demonstrate that you: 1. Will lack sufficient property after division to meet minimum reasonable needs, AND 2. Meet at least ONE of these criteria: - The other spouse was convicted of or received deferred adjudication for family violence within 2 years of filing or during the divorce - You cannot earn sufficient income due to an incapacitating physical or mental disability - You've been married for 10+ years and lack the ability to earn sufficient income - You are the custodian of a child with a disability requiring substantial care If you don't fit one of these categories, you generally cannot receive court-ordered maintenance in Texas — regardless of how long you were married or how much you sacrificed for the marriage.

Even if you qualify, Texas caps both the duration and amount of maintenance: **Duration limits:** - Marriage under 10 years (but family violence conviction): up to 5 years - Marriage 10-20 years: up to 5 years - Marriage 20-30 years: up to 7 years - Marriage 30+ years: up to 10 years **Amount cap:** The lesser of $5,000/month or 20% of the payor's average monthly gross income. These are maximum limits — courts often award less. And maintenance terminates upon the death of either party, the recipient's remarriage, or the recipient's cohabitation with a romantic partner in a dating relationship.

Texas distinguishes between court-ordered "maintenance" (governed by the statutory limits above) and "contractual alimony" (agreed to by the parties in a settlement agreement). **Contractual alimony** is negotiated between the parties and can include: - Higher amounts (no $5,000 cap) - Longer duration (no 5-10 year limits) - Different termination provisions Because contractual alimony is a contract, it is enforced through contract law principles rather than family court enforcement mechanisms. It can be tax-deductible to the payor if structured correctly. For higher-earning couples or long-term marriages, negotiating contractual alimony in settlement may be the only way to achieve meaningful support beyond Texas's restrictive statutory limits.