Spousal Maintenance in Texas: Eligibility and the Cap | GBA

When a Texas Court Can Order Spousal Maintenance

To qualify for court-ordered spousal maintenance in Texas, you must first show you lack sufficient property, including separate property, to meet your minimum reasonable needs, and then meet one of four grounds under § 8.051:

• The spouse is unable to earn enough income to meet their minimum reasonable needs because of an incapacitating physical or mental disability.
• The spouse is the custodian of a child of the marriage, of any age, who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning enough income to meet their minimum reasonable needs.
• The spouse has been married for at least ten years and lacks the ability to earn enough income to meet their minimum reasonable needs.
• The other spouse was convicted of, or received deferred adjudication for, a family-violence offense against the requesting spouse or their child during the marriage, within two years before the divorce was filed or while it is pending.

Neither the disability ground nor the disabled-child ground requires a minimum length of marriage.
A few details shape how these grounds apply:

• Minimum reasonable needs: the basic costs of living, such as housing, food, and medical care, rather than the lifestyle you had during the marriage.
• Separate property: what you owned before the marriage or received during it by gift or inheritance.
• Deferred adjudication: a form of probation that postpones a formal conviction while the person meets court-set conditions.
• The ten-year ground: under § 8.053, a court presumes maintenance is not warranted unless you have diligently tried to earn enough income or build skills during the separation and while the divorce is pending.
• If no ground applies: a court generally cannot order maintenance, but spouses can still agree to contractual alimony in a settlement.
  

The Monthly Cap on Court-Ordered Maintenance

Under Texas Family Code § 8.055, a court cannot order monthly maintenance above the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income.

If you’re the spouse who may be required to pay maintenance, that figure can understandably feel significant. But it’s important to know what the limit actually means: it is the most a court can order, not an indication of what you should expect to pay.

Think of it as a ceiling rather than a formula or typical award. Texas does not have a “one-third rule,” and the amount of maintenance awarded will depend on the circumstances of the case rather than an automatic percentage of your income.

Section 8.055 defines the income that can be included in this calculation and specifically excludes certain sources, including veterans’ disability compensation and workers’ compensation. Knowing exactly which income counts can make a meaningful difference when you’re trying to understand your potential obligations and plan for what comes next.

How Long a Texas Maintenance Order Can Last

Except in disability and disabled-child cases, Texas Family Code § 8.054 caps a maintenance order at five years after a 10-to-20-year marriage, seven years after a 20-to-30-year marriage, or ten years after a marriage of 30 years or more.

These limits are important, but they don’t necessarily mean maintenance will continue for the maximum period allowed. The court is required to keep the order in place for the shortest reasonable period that gives the spouse receiving maintenance time to meet their minimum reasonable needs by finding appropriate employment or developing the skills needed to support themselves.

Of course, rebuilding financial independence after a marriage isn’t always straightforward. A person may have spent years caring for children, stepped away from a career, or be dealing with circumstances that make returning to work particularly difficult. Texas law recognizes this. The court does not have to limit the order to the shortest reasonable period when the receiving spouse’s ability to meet their minimum reasonable needs is substantially or totally diminished because of:

• A physical or mental disability of the spouse seeking maintenance.
• Duties as the custodian of an infant or young child of the marriage.
• Another compelling impediment to earning enough income.

The five-, seven-, and ten-year limits still apply in these cases, except in the disability cases below.

Two other circumstances follow their own timelines:

Family violence ground: maintenance may be ordered for up to five years, even when the marriage lasted less than 10 years.

Disability or a disabled child: maintenance may continue for as long as the spouse continues to meet the eligibility requirements.

Contractual Alimony Compared With Court-Ordered Maintenance

The $5,000 and 20 percent limits apply specifically to court-ordered maintenance; spouses can still agree to contractual alimony as part of a settlement, and that agreement is not restricted by the statutory cap. Court-ordered spousal maintenance in Texas is a temporary rehabilitative measure for a divorced spouse who cannot meet their minimum reasonable needs. For someone facing the financial uncertainty that can come with the end of a marriage, it can provide important breathing room while they begin rebuilding their independence.

Contractual alimony works differently. It is enforced as a contract, according to the terms the spouses agree to. Because financial decisions in divorce rarely exist in isolation, contractual alimony is usually negotiated alongside property division — the assets each spouse keeps can significantly affect how much ongoing support is needed and for how long.

Spouses often work through these questions in mediation or Collaborative Divorce, where they have more opportunity to shape the terms together. That can be particularly valuable when both people want an arrangement that reflects the realities of their marriage and their lives after divorce, rather than leaving every decision to the court.

An attorney can help you understand how each option would apply to your circumstances and what it could mean for your financial future. Schedule a consultation to talk through your options and determine the approach that best protects your needs.

Temporary Spousal Support While a Divorce Is Pending

Temporary spousal support is a court order under Texas Family Code § 6.502 for the support of a financially dependent spouse while the divorce is pending; it is not the post-divorce maintenance award.

• It covers the period between filing the petition and the divorce being granted.
• Depending on the circumstances, a court can order payments from either spouse for the other’s support.

What the Court Weighs When Setting Maintenance

Once a spouse qualifies for maintenance, the next question is what that support should realistically look like. Under Texas Family Code § 8.052, the court considers a range of factors when deciding the nature, amount, duration, and manner of payment. These factors are designed to give the court a fuller picture of each spouse’s circumstances — not simply what they earn today, but the life, responsibilities, and financial realities that have developed over the course of the marriage. They include:

• Each spouse’s ability to meet their minimum reasonable needs independently.
• Education and employment skills, including the time that may be needed to gain additional training or qualifications.
• The length of the marriage.
• The age, employment history, earning ability, and physical and emotional condition of the spouse requesting maintenance.
• Contributions made as a homemaker.
• Marital misconduct, including adultery and cruel treatment, as well as any history or pattern of family violence.

For someone who has spent years caring for children, supporting a spouse’s career, or stepping away from their own professional development for the family, these considerations can be particularly important. The court is looking at the circumstances as a whole, with the aim of determining what level of support is appropriate under the law and the realities each spouse will face as they begin building separate lives.

When Court-Ordered Maintenance Ends

Under Texas Family Code § 8.056, court-ordered maintenance ends when either spouse dies or the receiving spouse remarries. It can also end if a court finds that the receiving spouse is living with a romantic partner in a permanent home on a continuing basis.

That last situation can understandably feel less clear-cut than remarriage. A new relationship on its own does not automatically mean maintenance ends. For cohabitation to bring court-ordered maintenance to an end, the court must find that the receiving spouse cohabits with another person with whom he or she has a dating or romantic relationship “in a permanent place of abode on a continuing basis.”

In practical terms, occasional time together is not the same as establishing a shared home. These situations are not cohabitation:

• Going on a short vacation together.
• Sharing a hotel room for a few nights.
• Having someone occasionally spend the night when that person has their own residence.

Contractual alimony ends according to the terms the spouses agreed to, not the statutory rules for court-ordered maintenance. That makes careful drafting especially important. The agreement should clearly address what happens in the event of remarriage, cohabitation, or death, so both people understand their rights and obligations if circumstances change.

Talk to a GBA Attorney About Spousal Maintenance

Whether you expect to request support or are concerned that you may be asked to pay it, questions about financial support can add another layer of uncertainty to an already difficult transition. Goranson Bain Ausley’s divorce lawyers can help you understand whether one of the grounds under § 8.051 applies to your circumstances and what that could mean for you.

Thirty-one Goranson Bain Ausley attorneys are Board Certified in Family Law by the Texas Board of Legal Specialization. The firm serves clients from offices in Austin, Dallas, Flower Mound, Fort Worth, Granbury, Midland, Plano, and San Antonio. 

When you come to your first meeting, bring recent income, expense, and property records where possible. Having those details available can help your attorney understand the financial picture more clearly and give you practical guidance about the options ahead.