Divorce in Texas often raises pressing financial questions, especially around whether one spouse will be required to support the other after the marriage ends. In Texas, alimony—legally referred to as “spousal maintenance”—is not automatic. In fact, courts award it only in limited circumstances. Understanding when alimony is warranted can help spouses set realistic expectations and better prepare for negotiations or court proceedings. If you are in need of legal assistance with a case regarding alimony, our Arlington, TX divorce lawyer is here to help.
Understanding Spousal Maintenance in Texas
Texas law governs spousal maintenance under the Texas Family Code, which sets strict eligibility requirements. Unlike some states where alimony is more commonly awarded, Texas courts generally presume that each spouse should be financially independent after divorce. To overcome that presumption, the requesting spouse must prove they lack sufficient property—including assets awarded in the divorce—to meet their minimum reasonable needs.
In other words, simply earning less than your spouse does not automatically qualify you for maintenance. There must be a genuine inability to meet basic living expenses.
Circumstances That May Warrant Alimony
Texas courts consider several specific situations that may justify awarding spousal maintenance.
1. Family Violence
One of the clearest pathways to maintenance arises when the paying spouse has committed family violence. If a spouse was convicted of or received deferred adjudication for family violence against the other spouse or a child within two years before the divorce filing—or while the divorce is pending—the court may award maintenance. In these cases, the law recognizes both the economic and safety impacts of abuse.
2. Long-Term Marriage and Financial Need
If the marriage lasted at least ten years, the requesting spouse may qualify for maintenance if they can show they lack the ability to earn enough income to meet their minimum reasonable needs. However, length of marriage alone is not sufficient. The spouse must also demonstrate that they have exercised diligence in seeking employment or developing necessary job skills during separation and while the divorce is pending.
Generally, the longer the marriage, the more likely maintenance may be awarded—especially if one spouse stayed home to raise children or support the other’s career.
3. Disability
If the requesting spouse has a physical or mental disability that prevents them from earning sufficient income, the court may order maintenance regardless of how long the marriage lasted. Similarly, if the spouses have a child of the marriage who requires substantial care due to a physical or mental disability, and that care prevents the requesting spouse from earning adequate income, maintenance may be appropriate.
In these cases, the court focuses on the realistic earning capacity of the spouse seeking support.
4. Contractual Alimony
It’s important to distinguish court-ordered spousal maintenance from contractual alimony. Spouses can agree—through negotiation or mediation—to financial support terms that go beyond what a court might order. Once incorporated into the divorce decree, these agreements become enforceable as contracts, even if they exceed statutory limits.
How Courts Determine Amount and Duration
When a Texas court awards spousal maintenance, it is capped by statute. Monthly payments cannot exceed $5,000 or 20% of the paying spouse’s average monthly gross income, whichever is less.
Duration is also limited:
- Up to 5 years for marriages lasting 10–20 years (or certain family violence cases)
- Up to 7 years for marriages lasting 20–30 years
- Up to 10 years for marriages lasting 30 years or more
If maintenance is awarded due to disability, it may continue as long as eligibility remains.
Courts consider additional factors when setting the amount and duration, including each spouse’s education, employment skills, work history, contributions as a homemaker, marital misconduct (such as adultery or cruelty), and efforts made to obtain employment.
The Emphasis on Self-Sufficiency
A key theme in Texas divorce law is encouraging self-support. Judges are required to limit maintenance to the shortest reasonable period that allows the receiving spouse to earn sufficient income, unless disability or other compelling circumstances justify extended support.
Because the standards are strict, documentation is critical. Financial records, medical evidence, proof of job searches, and testimony about marital roles often play a significant role in whether maintenance is awarded. Alimony in Texas is not guaranteed, even after a long marriage. Courts require clear evidence of financial need and statutory eligibility. If you believe spousal maintenance may apply in your case, understanding the criteria outlined in the Texas Family Code is essential. Divorce brings financial uncertainty, but knowing the circumstances that warrant alimony can help you approach the process with clarity, preparedness, and realistic expectations. Contact Brandy Austin Law Firm today.