Recently updated on October 18th, 2025 at 04:14 am

Overview

In Texas, spousal maintenance—often called alimony in other jurisdictions—is a narrowly defined form of financial support that one spouse may be ordered to pay the other following a divorce. Governed by Texas Family Code Chapter 8, spousal maintenance is designed to help the receiving spouse meet their “minimum reasonable needs,” not to equalize income or lifestyle after divorce. Unlike many states that treat alimony as a routine component of divorce settlements, Texas law imposes strict eligibility requirements and limits both the duration and amount of maintenance awards. This approach reflects the legislature’s intent to promote financial independence rather than long-term dependency.

To qualify for spousal maintenance, the requesting spouse must prove both financial need and specific statutory grounds. The most common qualifying scenario arises when the marriage lasted at least ten years and the requesting spouse cannot earn enough income to meet basic living expenses despite diligent efforts to obtain employment or develop marketable skills. Maintenance may also be granted if the paying spouse has been convicted of or received deferred adjudication for family violence within two years before the divorce filing, or while the case is pending. Other qualifying conditions include the requesting spouse’s physical or mental disability, or the need to care for a child of the marriage who requires substantial supervision due to a physical or mental condition that prevents the custodial parent from working.

Even when eligibility is established, courts evaluate numerous factors to determine whether maintenance is appropriate and, if so, how much should be awarded. These factors include each spouse’s financial resources, employment history, education, health, contributions to the household (such as homemaking or child care), and any marital misconduct. Texas caps the amount of maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s gross monthly income. Duration is also restricted: typically up to five years for marriages of 10–20 years, seven years for marriages of 20–30 years, and ten years for marriages exceeding 30 years—though it may continue longer in cases of disability.

Who Benefits and Who Can Apply

Spousal maintenance benefits lower-earning or financially dependent spouses who would otherwise face hardship after divorce. It provides a safety net for those unable to be self-supporting. Either spouse can apply during divorce proceedings, but they must meet statutory eligibility requirements. In some cases, a legal representative may request it on behalf of a spouse who is incapacitated or disabled. These rules balance fairness while limiting long-term dependency.

Benefits of Texas Spousal Maintenance Laws

• Provides financial stability for spouses unable to meet their basic needs.
• Encourages fairness in divorces where one spouse contributed as a homemaker.
• Protects disabled spouses or caregivers of disabled children.
• Limits long-term dependency by setting caps on amount and duration.

Step-by-Step Process

Step 1: Determine Eligibility

Eligibility for spousal maintenance in Texas is intentionally narrow. The court begins every analysis by asking whether the spouse seeking support can meet their “minimum reasonable needs.” This standard focuses on necessities such as food, housing, medical care, and transportation, not lifestyle preservation. Under Tex. Fam. Code § 8.051, the court may award maintenance only if the applicant lacks sufficient property to provide for those needs and meets one of four specific conditions.

The four statutory pathways are: (1) the paying spouse was convicted of or received deferred adjudication for family violence within two years before filing for divorce or while the divorce is pending; (2) the requesting spouse has a physical or mental disability that prevents self-support; (3) the requesting spouse is the custodian of a child who requires substantial care and supervision due to a physical or mental disability that prevents employment; or (4) the marriage lasted at least 10 years, and despite diligent efforts to earn sufficient income or develop necessary skills, the requesting spouse cannot meet basic needs. If none of these apply, the court has no authority to order maintenance.

Documentation drives eligibility. Judges expect concrete proof—medical records for disabilities, school or therapy records for disabled children, employment applications or vocational assessments showing good-faith job search efforts, and paystubs or bank statements illustrating financial gaps. Unsupported testimony rarely satisfies the threshold. Parties who delay gathering evidence often lose credibility or run out of time to present required exhibits before trial.

Eligibility also depends on timing. A spouse must request maintenance during the divorce; post-decree motions to add it are not permitted because jurisdiction expires once the decree is final (Tex. Fam. Code § 9.006). Courts strictly construe the statute—no eligibility, no award. Therefore, lawyers and self-represented litigants should evaluate this issue early, ideally during the petition stage, to preserve the claim.

Common misunderstandings include assuming maintenance equals alimony from other states or thinking that economic disparity alone qualifies. Texas favors rehabilitative support, not permanent dependency. Judges repeatedly emphasize that maintenance is a safety net, not a reward or punishment. Demonstrating efforts to gain employment or education, even if unsuccessful, shows diligence and strengthens credibility.

In short, Step 1 determines whether the door to maintenance even opens. If the applicant cannot satisfy at least one statutory ground with admissible evidence, the request ends here regardless of fairness arguments. Thorough preparation—records, timelines, and clear explanation of inability to meet basic needs—is the single most decisive factor in this stage.

Step 2: File a Request for Maintenance

Texas courts do not grant maintenance automatically; it must be expressly requested in the pleadings. The petitioner includes the request in the Original Petition for Divorce, or the respondent raises it in a Counter-Petition. Failure to plead maintenance waives the right entirely (Tex. R. Civ. P. 301). The pleading should identify the statutory basis—for example, “Applicant seeks post-divorce maintenance under Tex. Fam. Code § 8.051(2) due to inability to meet minimum reasonable needs following a 15-year marriage.” Precision here guides discovery and evidentiary focus later.

When filing, parties may also request temporary spousal support under Tex. Fam. Code § 6.502(2) to cover immediate expenses during litigation. Temporary support differs from post-decree maintenance—it ends when the divorce becomes final unless the decree continues it as maintenance. Petitioners should clarify both forms of relief to avoid confusion in hearings.

Supporting documents strengthen credibility. Include a sworn affidavit describing monthly income, expenses, job search efforts, and reasons for needing assistance. Attach paystubs, tax returns, or medical statements if available. Courts appreciate specificity: “Applicant earns $2,000 per month; fixed expenses total $2,600; seeking short-term maintenance for 12 months to complete nursing certification.” Broad or emotional pleas carry less weight than factual, quantifiable claims.

Strategically, some attorneys delay requesting maintenance until after discovery, hoping to gauge the opposing party’s finances first. This is risky: if omitted from initial pleadings, the request cannot later be added without amending before the final hearing. Amendments close near trial, and courts may deny late filings. Best practice is to include a conditional request (“if eligible under statute”) from the outset.

Finally, make sure the prayer (final-relief section) explicitly asks for maintenance “in an amount and for a duration deemed just and proper under Chapter 8 of the Texas Family Code.” This preserves judicial discretion to award an appropriate amount. Proper pleading transforms maintenance from a wish into a legally actionable claim.

Step 3: Provide Financial Disclosure

Once maintenance is requested, both spouses must exchange comprehensive financial disclosures. Under Tex. Fam. Code § 6.502(a)(2) and local standing orders, parties typically produce paystubs, tax returns, retirement statements, bank records, budgets, and proof of monthly expenses. The goal is transparency—judges cannot assess “minimum reasonable needs” or ability to pay without hard numbers.

Prepare a sworn Inventory and Appraisement listing all property, debts, and income sources. Spouses should also prepare a detailed monthly budget separating essentials (rent, utilities, food, health insurance) from discretionary items. Courts look skeptically at inflated or inconsistent expenses. Back every figure with documentation: receipts, billing statements, or benefit letters. If self-employed, include business ledgers or profit-and-loss statements to verify income.

The paying spouse’s ability to pay is equally scrutinized. The court reviews gross monthly income, payroll deductions, recurring obligations, and whether the payor already supports dependents from prior relationships. Evidence of lavish spending may influence a judge’s view of available resources. Conversely, heavy debt loads or medical costs may reduce capacity.

Accurate disclosure not only informs the court but builds credibility. Parties caught concealing assets face sanctions or adverse inferences under Tex. R. Civ. P. 215. For self-represented litigants, organizing records in labeled folders—“Income,” “Expenses,” “Debts,” “Health”—simplifies presentation. Courts prefer concise exhibits over scattered paperwork.

Remember, the burden of proof rests with the spouse seeking maintenance. Judges decide eligibility and amount largely from these financials. An organized, transparent record demonstrating genuine hardship often persuades the court more than lengthy testimony. Inadequate documentation, by contrast, can sink an otherwise valid claim.

This step forms the factual backbone for later stages—factor evaluation, amount, and duration. Precision now prevents disputes later and speeds resolution at final hearing.

Step 4: Court Evaluation of Factors

Once eligibility and disclosure are established, the judge performs a holistic evaluation using the statutory factors listed in Tex. Fam. Code § 8.052. This step determines not only whether to award maintenance but how much and for how long. The statute’s guiding principle is equity—support sufficient to meet minimum reasonable needs without imposing undue hardship on the paying spouse.

The court reviews more than income. It looks at: (1) the requesting spouse’s education, employment skills, and time needed to develop them; (2) the duration of the marriage; (3) the age, earning ability, physical and emotional condition of both parties; (4) contributions by one spouse to the other’s education or career advancement; (5) property brought into or awarded in the divorce; (6) each spouse’s contribution as homemaker or parent; (7) marital misconduct such as adultery or cruelty; and (8) family violence convictions. No single factor controls—judges weigh them together to craft a just outcome.

For example, a spouse who left a career to raise children may show that years out of the workforce reduced employability and earning capacity. The judge may contrast that with the other spouse’s income trajectory during the same period. Documented educational or professional sacrifices carry significant weight, particularly in long marriages. Similarly, credible medical evidence of chronic illness can justify support longer than the statutory minimum.

Courts also examine “good-faith efforts” toward self-sufficiency. Enrolling in job-training programs, applying for work, or pursuing degrees demonstrates diligence and strengthens the case. Conversely, refusing reasonable employment or exaggerating limitations can undermine credibility. Judges often note these behavioral cues when setting both the amount and duration.

Another consideration is property division. Because Texas is a community-property state, each spouse typically receives a fair share of marital assets. If that distribution leaves the applicant with liquid resources sufficient to cover living expenses, maintenance may be denied even after a long marriage. Conversely, where most assets are illiquid—like retirement accounts—temporary maintenance can bridge the gap until funds become accessible.

Misconduct influences decisions primarily when it affects financial fairness or safety. Documented family-violence convictions nearly guarantee eligibility under § 8.051(1). Courts may also adjust awards downward if the requesting spouse engaged in marital waste or bad-faith spending that contributed to hardship.

Practically, litigants should prepare concise summaries aligning each fact to a statutory factor—one paragraph per item—rather than broad emotional testimony. Judges prefer structured, factual presentations. This step is where cases are won or lost; the quality of evidence and professionalism of delivery often outweigh raw sympathy.

Step 5: Calculation of Amount

Texas caps spousal-maintenance payments at the lesser of $5,000 per month or 20 percent of the payor’s average gross monthly income (Tex. Fam. Code § 8.055). Judges cannot exceed this ceiling regardless of need. Within that boundary, the court customizes the amount to cover only verified “minimum reasonable needs.” Maintenance is not meant to equalize lifestyles or substitute for community-property awards.

Courts begin with both parties’ gross income figures. For employees, this means wages, bonuses, and commissions averaged over recent months. For self-employed individuals, the court averages net income from tax returns and business statements. From that, judges subtract mandatory deductions—income taxes, Social Security, and union dues—to approximate net disposable income. The recipient’s documented expenses then form the counterbalance.

Judges disallow speculative or luxury expenses: gym memberships, vacations, or excessive vehicle costs. Instead, they focus on rent, food, utilities, healthcare, and transportation to work. Applicants should produce written budgets highlighting these core categories with receipts or billing statements. Realistic budgeting signals integrity and improves persuasiveness.

To refine the number, many courts rely on expert testimony such as vocational or economic evaluators. A vocational expert can project earning potential if the requesting spouse retrains or reenters the workforce; an economist may analyze inflation, regional cost-of-living differences, or comparative benchmarks. In uncontested cases, judges still apply statutory math even without experts, but clarity from documentation speeds approval.

The payor’s obligations also matter. If the payor is already subject to child support or heavy debts, maintenance may be reduced accordingly. Judges aim to avoid creating unpayable orders that would invite default or contempt. They also consider whether the recipient receives child support, which offsets part of living expenses.

Ultimately, the calculation balances compassion with practicality. The award must be sustainable for the payor and sufficient for the recipient’s basic needs. Judges articulate findings orally or in writing, showing how each amount aligns with § 8.052 factors and § 8.055 limits. Because these calculations are intensely fact-specific, well-organized financial summaries often determine the final figure more than argument does.

Step 6: Determination of Duration

Duration is governed by Tex. Fam. Code § 8.054, which mandates that courts order maintenance for the shortest reasonable period that allows the recipient to earn sufficient income. The statute reflects Texas’s policy of temporary rehabilitation, not indefinite support. Except for disability-based cases, maintenance cannot exceed ten years under any circumstance.

The law sets maximums: up to 5 years if the marriage lasted between 10 and 20 years, or if family violence occurred; up to 7 years for marriages of 20 to 30 years; and up to 10 years for marriages of 30 years or longer. Courts may order shorter periods if evidence shows the recipient can become self-supporting sooner. Only cases involving permanent disability of the spouse or a dependent child permit ongoing, open-ended maintenance subject to periodic review.

Judges often incorporate a “step-down” structure: for example, $1,200 per month for 24 months, then $800 per month for the next 12 months, terminating at 36 months. This incentivizes progress toward independence while providing a predictable decline in obligation. Parties can agree to such staged reductions in mediation, but the total still must respect statutory ceilings.

Termination triggers—death of either party, remarriage, or cohabitation in a permanent, conjugal-type relationship—are automatic under § 8.056. The paying spouse may petition to terminate upon proof of such events, and reimbursement for overpayments is typically unavailable, so prompt notice is crucial.

Courts occasionally order review hearings before expiration, especially in cases involving education or medical recovery milestones. At review, the judge reassesses whether continued support is warranted. Failing to present progress—such as job-training enrollment or employment records—can lead to early termination. Thus, recipients should maintain evidence of ongoing efforts.

Duration findings appear explicitly in the Final Decree of Divorce. Clear drafting avoids confusion: specify exact end dates, payment intervals, and conditions for modification. This precision ensures that maintenance ends when intended, preventing costly post-decree litigation.

Step 7: Issuance of Court Order

After the judge evaluates evidence and calculates the appropriate amount and duration, the court memorializes its decision in a written order. This may occur as part of the Final Decree of Divorce or as a separate Order for Spousal Maintenance. Every word of this document matters—ambiguity leads to enforcement disputes, while precision prevents conflict. The order must comply with Tex. Fam. Code § 8.051–8.059, specifying payment details, commencement date, method, and termination triggers.

The decree typically states: “IT IS ORDERED that [Payor’s name] shall pay to [Recipient’s name] the sum of $____ per month, due on the ___ day of each month, beginning [date], continuing for [X] months or until further order of this court, death of either party, or remarriage of the obligee, whichever occurs first.” Judges prefer clear structure—avoid ranges or vague phrases like “as long as necessary.” Each payment method must also be specified: direct deposit, wage withholding, or through the state disbursement unit.

Wage withholding orders are standard for predictability and compliance. Under Tex. Fam. Code § 8.101, courts automatically issue an income-withholding order directing the employer to deduct maintenance amounts from wages and remit them to the Texas State Disbursement Unit (SDU). This process provides an official payment record and minimizes disputes over missed checks or cash payments. Self-employed payors may be ordered to make electronic transfers, often accompanied by periodic compliance reviews.

The decree should also require exchange of updated income information annually or upon request. Such clauses allow either party to assess potential modification grounds later. Omitting this provision can complicate future adjustments. Including a clause that defines how to handle missed payments (e.g., adding interest per Tex. Fam. Code § 8.0551) ensures accountability.

When drafting, include contingencies for logistical issues—like due dates falling on weekends or banking holidays—to avoid confusion. Many decrees specify that payments due on a weekend are payable the next business day without penalty. Courts also emphasize clarity on tax treatment: since the 2019 federal tax change, spousal maintenance payments are no longer deductible by the payor nor taxable to the recipient. Reflecting this ensures accurate financial planning and prevents IRS misunderstandings.

Once signed, the order becomes enforceable. A certified copy should be obtained from the clerk and retained by both parties. This document forms the legal basis for any future enforcement or modification. In short, Step 7 transforms theory into law—turning negotiated or judicial decisions into a binding, enforceable mandate.

Step 8: Enforcement of Orders

When a payor fails to comply, enforcement becomes necessary. Texas provides several enforcement mechanisms under Tex. Fam. Code Chapter 8, Subchapter E. The most common include income withholding, contempt proceedings, and money judgments for arrearages. The key to successful enforcement is timely action—courts rarely forgive prolonged inaction if the recipient ignored missed payments for years.

The simplest enforcement tool is income withholding. If not already in place, the recipient can file a motion asking the court to direct the employer to deduct missed or ongoing payments from wages. This is the preferred route because it avoids personal confrontation and ensures documentation. Employers face penalties if they fail to comply once properly served with the withholding order.

If withholding proves ineffective—such as when the payor is self-employed—the recipient may file a Motion to Enforce Spousal Maintenance. This formal motion must specify each missed payment, date due, and amount owed, attaching a payment ledger or bank records. The court may order the arrears reduced to a judgment with 6% annual interest under § 8.0551(c). The recipient may also seek attorney’s fees, court costs, and post-judgment collection remedies.

Contempt is a powerful, though limited, option. Courts can hold a payor in civil contempt for willful nonpayment, ordering jail time, community supervision, or fines. However, contempt cannot be used for payments over two years old, and courts must find that the payor had the ability to pay but refused. Judges use contempt sparingly, favoring financial recovery over punishment.

A practical tip: maintain meticulous payment records. Keep every receipt, bank transfer confirmation, and SDU report. If disputes arise, the burden of proof lies with the party alleging nonpayment. Consistent documentation shortens hearings and boosts credibility.

Enforcement also extends to out-of-state payors. Texas judgments can be domesticated under the Uniform Interstate Family Support Act (UIFSA) to pursue income withholding or garnishment across state lines. For retirees, the court may order maintenance deducted from pension distributions under federal law. These cross-jurisdictional tools ensure Texas orders remain enforceable nationwide.

Ultimately, enforcement is about persistence and accuracy. Courts take nonpayment seriously, but they require precision in pleadings and evidence. Prompt action prevents arrears from snowballing and reinforces the authority of the decree.

Step 9: Modification of Orders

Life changes, and Texas law recognizes that. Under Tex. Fam. Code § 8.057, either spouse may request modification if there has been a “material and substantial change” in circumstances since the original order. This might include job loss, disability, significant income reduction, or increased needs due to illness. However, modifications are prospective only—they cannot erase past arrears.

The requesting party must file a Motion to Modify Spousal Maintenance, identifying the specific change and providing evidence. Typical exhibits include new paystubs, tax returns, medical reports, or termination letters. Courts analyze whether the change was involuntary and whether it substantially affects either the ability to pay or the need for support. For example, involuntary layoff accompanied by a diligent job search may justify reduction or suspension. Voluntary underemployment rarely qualifies.

Recipients can also request modification upward if their circumstances worsen—such as onset of a disability or loss of housing. However, because Texas maintenance already targets “minimum reasonable needs,” upward adjustments are rare and scrutinized closely. Courts avoid converting maintenance into a permanent subsidy.

Modification motions proceed like mini-trials. Both parties exchange updated financial statements and testify to changed conditions. Judges assess credibility carefully. Misrepresenting income or fabricating hardship can lead to sanctions or denial. Where health issues are claimed, courts often require recent medical documentation or testimony from treating physicians.

Importantly, if a payor retires, that alone does not automatically terminate maintenance. Judges evaluate whether retirement was reasonable and whether the retiree still possesses sufficient income or assets. Likewise, remarriage of the recipient automatically ends maintenance, but cohabitation requires proof of a permanent, conjugal-like relationship, not casual dating.

Once modification is granted, the new order supersedes the prior one from its effective date forward. Parties must promptly file certified copies with employers or financial institutions to update withholding instructions. This ensures smooth transitions and prevents over- or underpayment.

Step 10: Termination of Maintenance

Maintenance terminates when (1) the specified duration expires, (2) either party dies, (3) the recipient remarries, or (4) the recipient cohabits with another person in a permanent romantic relationship (Tex. Fam. Code § 8.056). Courts treat these termination events as automatic; no further order is required, though formal notice helps prevent confusion.

To establish cohabitation, the payor must prove that the recipient lives with another person on a continuous basis and shares a household in a romantic or financially interdependent way. Occasional overnight stays are insufficient; courts look for shared leases, mailing addresses, joint accounts, or consistent presence. Private investigators or subpoenaed utilities often supply evidence. Once proven, the obligation ceases immediately, though arrears accrued before that date remain collectible.

Upon expiration of the order, payments stop automatically. Parties should confirm with the court clerk or the Texas SDU that no further deductions occur. Overpayments are rarely reimbursed absent court error, so payors should track timelines closely. If uncertainty exists about the exact end date, filing a simple motion for clarification ensures protection from enforcement later.

When either spouse dies, maintenance ends by law, but estate obligations for unpaid arrears remain. Executors should settle outstanding judgments before distributing assets. Conversely, if the recipient dies first, payors must stop payments immediately and may request confirmation from the court.

Finally, both parties should review long-term financial plans as maintenance ends—recipients may need to adjust budgets or seek new employment; payors may reassess savings or insurance coverage. Step 10 closes the legal chapter but often begins new financial realities that require proactive management.

Costs Associated

Filing fees for maintenance requests are usually included within the divorce filing fee (averaging $250–$350). Contested hearings add attorney’s fees, expert-witness costs (vocational or medical evaluations typically range from $1,500–$5,000), and mediation fees if required. Enforcement or modification actions incur additional filing fees and may result in attorney’s fees being awarded to the prevailing party. Using mediation or early settlement conferences can significantly reduce litigation costs.

Time Required

Most maintenance issues resolve within the broader divorce timeline—typically three to nine months depending on court backlog and discovery. Temporary support orders can be entered early and last until final decree. Post-decree modifications or enforcement actions vary widely, often concluding within two to six months after filing. Timelines extend when expert evaluations or multiple hearings are necessary.

Limitations of Spousal Maintenance in Texas

• Strict statutory eligibility—only specific categories qualify under § 8.051.
• Amount capped at 20% of gross monthly income or $5,000, whichever is less.
• Duration capped at 5–10 years except for disability-based cases.
• Designed for rehabilitation, not lifestyle maintenance.
• Modification requires substantial and involuntary change in circumstances.

Risks and Unexpected Problems

• Failing to plead maintenance early waives the claim.
• Poor documentation of need or concealment of income undermines credibility.
• Nonpayment leads to arrears, interest, and potential contempt proceedings.
• Improper or unclear decree language creates enforcement challenges.
• Cohabitation disputes often spark costly post-decree litigation.

Sources

• Texas Courts
• State Bar of Texas
• Texas Family Code, Chapters 6 & 8
• Texas Law Help – Spousal Maintenance