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Specialty tag(s): Alimony & Spousal Maintenance

Spousal Support in Texas: Eligibility, Duration, and How It Works

Chandler Rice Winslow | April 21, 2026

Post-divorce payments between spouses are governed by Texas Family Code Chapter 8 as spousal “Maintenance”. It is generally harder to obtain spousal maintenance in Texas than in many other states because of the strict prerequisites a spouse must prove to the Court, including showing a good-faith effort toward financial self-sufficiency. In many instances, spousal maintenance is intended to provide temporary, rehabilitative support to a spouse whose earning ability is limited and whose assets are insufficient to meet their minimum reasonable needs after divorce.  

What Is the Difference Between Alimony and Spousal Maintenance in Texas?

The Texas Family Code does not include specific provisions for “alimony,” but does provide for “spousal maintenance” under Texas Family Code Chapter 8. While the terms are often used interchangeably, Texas courts use ‘maintenance’ in legal proceedings.

There are two forms of spousal support in Texas. Court-ordered spousal maintenance, governed by Texas Family Code Chapter 8, requires meeting strict eligibility criteria and is capped at the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income. It is also limited in duration based on the length of the marriage. Contractual alimony, by contrast, is agreed to by the parties as part of a divorce settlement, is not subject to statutory caps, and is enforced as a contract rather than a court order.

Texas law is gender-neutral. Either spouse can be ordered to pay or receive support, meaning a husband may be awarded spousal maintenance if the legal requirements are met.

Spousal maintenance is intentionally limited in Texas. Courts apply a presumption against awarding it and are required to limit support to the shortest reasonable period necessary for the receiving spouse to become financially self-sufficient. Longer-term support is generally reserved for cases involving permanent disability.

Eligibility for Spousal Support in Texas

In a Texas divorce, the court may order one party to pay spousal maintenance only if the requesting spouse will lack sufficient property after the divorce to meet their minimum reasonable needs, and at least one of the following conditions is met:

• The paying spouse committed family violence against the requesting spouse or their child within two years before the divorce suit was filed or during the case proceedings.
• The spouse requesting support cannot earn income to meet their minimum reasonable needs due to a physical or mental disability.
• The parties have been married for ten years or longer, and the spouse requesting payments cannot earn enough income to cover their minimum reasonable needs.
• The spouse requesting support is the custodian of the parties’ child (of any age) who requires significant personal supervision and care because of a mental or physical disability, which prevents them from earning the income needed to meet their own minimum reasonable needs.

If the paying spouse committed family violence within two years before or during the divorce filing, the 10-year marriage requirement does not apply.

So, can you get spousal support in Texas? Generally speaking, yes. But the specifics of your situation will dictate the court’s decision in your case. The court will want to see that the party requesting spousal maintenance has tried diligently to earn enough income to cover their minimum reasonable needs or has developed the necessary skills to provide for their needs during the pendency of the parties’ separation and divorce.

Texas courts can consider marital misconduct, including adultery, as one of many factors when determining the amount and duration of maintenance. It does not automatically bar someone from receiving support or require the other party to pay.

If a spouse is eligible for and receives court-ordered spousal maintenance in Texas, the amount of monthly spousal maintenance is statutorily capped at 20% of the average monthly gross income of the paying spouse or $5,000, whichever is less.

Child support and spousal maintenance are separate determinations, and both can be awarded in the same divorce proceeding.

How Long Does Spousal Support Last in Texas?

Unless the receiving spouse is unable to maintain employment because they are disabled or are caring for the parties’ disabled child(ren), the length of time a spouse is eligible to receive monthly spousal support payments depends on the length of the parties’ marriage.

Under Texas law, courts must award maintenance for the shortest period necessary for the receiving spouse to achieve financial self-sufficiency, not the maximum permitted duration.

• Marriages lasting less than ten years, in which the paying spouse has committed family violence, are capped at five years of payments.
• Marriages lasting between ten and 20 years, in cases not involving family violence, are also capped at five years of payments.
• Marriages lasting at least 20 years, but not more than 30 years, have payments capped at seven years.
• For marriages lasting 30 years or more, spousal support payments are capped at ten years.

Maintenance can also terminate before the statutory maximum. Under Texas Family Code § 8.056, court-ordered spousal maintenance ends automatically when:

• Either party dies.
• The recipient remarries.
• The recipient cohabits with a new romantic partner on a continuing, romantic basis.

The court will determine what the shortest reasonable period that will allow the requesting party to earn enough income to cover all of their minimum reasonable needs is, unless the receiving spouse is unable to meet these needs due to disability or caring for a disabled child.

If the paying spouse stops paying, the recipient can file a motion for enforcement. Courts can collect maintenance through an income withholding order – the employer withholds and remits payments directly. If the paying spouse refuses or falls into arrears, the court can hold them in contempt under Texas Family Code § 8.059, which can result in fines or jail time.

Oftentimes in a marriage, one spouse may have relied on the other to handle financial matters or may be unaware of how to properly manage investments or other assets they are awarded in the divorce, including spousal support payments. The attorneys at Goranson Bain Ausley have a strong referral network of trusted financial advisors who can explain and provide guidance concerning finance and investment management in order to help secure a bright financial future post-divorce.

Stay-At-Home Spouses and Spousal Maintenance in Texas

A non-working spouse in Texas is not automatically entitled to spousal maintenance – eligibility still requires meeting the standard requirements – but courts will weigh the following factors when determining whether support is appropriate and for how long.

When deciding the spousal support payment duration and amount for a spouse who has been a stay-at-home parent, the court takes into consideration several factors, including:

• The education and employable skills of the spouse, the time needed to acquire sufficient education or training to enable the requesting spouse to earn a sufficient income on their own, and the availability and feasibility of that education or training
• The age, earning ability, employment history, and physical and emotional condition of the spouse requesting payments
• Acts committed by either party that resulted in destruction, excessive or abnormal expenditures, fraudulent disposition, or concealment of marital property
• A spouse’s contribution to the earning ability, training, or education of the other spouse
• Contributions a spouse has made as a homemaker
• Marital misconduct, such as cruel treatment or adultery
• Any history of family violence

The court may allow a reasonable time for the stay-at-home spouse to obtain the additional education and/or training to help them to successfully re-enter the workforce, but it is important to begin acquiring these skills or applying for jobs even while the divorce is pending. Because the award of Texas spousal maintenance is determined on a case-by-case basis, it is wise to consult with a family law attorney who can provide individual feedback and determine the best way to present your claims for spousal maintenance to a Texas court.

Can I Get Temporary Spousal Support During My Texas Divorce?

Yes – Texas courts can issue temporary spousal support through temporary orders while the divorce is pending. This is separate from post-divorce spousal maintenance and is intended to provide short-term financial stability during the case.

Temporary support ends automatically once the final divorce decree is issued. It does not carry over unless the court separately awards spousal maintenance.

To request it, a spouse must file a motion for temporary orders at the start of the divorce process. Courts evaluate this using similar factors to long-term maintenance, including minimum reasonable needs and the other spouse’s ability to pay, but on a preliminary basis.

There is no automatic obligation for one spouse to financially support the other during separation in Texas. Temporary support must be specifically requested and approved by the court.

Who Pays the Taxes on Spousal Support in Texas?

According to the Internal Revenue Service, for divorce or separation agreements executed after December 31, 2018, spousal maintenance payments are not deductible by the paying spouse and are not included in the recipient’s income. This change was introduced under the Tax Cuts and Jobs Act of 2017. As a result, the paying spouse covers these payments using after-tax income, and the receiving spouse does not report them as income. These federal tax rules apply regardless of Texas law governing spousal maintenance.

For agreements executed before January 1, 2019, the prior tax rules may still apply, so it is important to consult a qualified tax professional for guidance based on your specific situation.

Learn More About Family Law and Spousal Maintenance

Goranson Bain Ausley advises clients on a wide range of family law matters, including spousal maintenance cases involving complex financial and property considerations. The firm works with both working and non-working spouses and has experience handling divorces where business ownership, real estate, and long-term support obligations are key factors. Their team takes a practical approach to issues like property characterization, earning capacity, and financial need, helping clients navigate how spousal support fits within the broader divorce process.

To learn more about your options for spousal maintenance in Texas, contact the Goranson Bain Ausley team.

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