Overview

In Texas, spousal maintenance (commonly referred to as alimony) is financial support ordered by the court for one spouse after a divorce. Unlike many other states, Texas law strictly limits spousal maintenance. The Texas Family Code allows it only in certain cases where the requesting spouse cannot meet their minimum reasonable needs. For example, spousal maintenance may be ordered if the marriage lasted at least 10 years and the spouse seeking support cannot earn enough to provide for themselves, or if the spouse has a disability, cares for a disabled child, or if the other spouse committed family violence. Maintenance is not automatic and must be specifically requested. Courts look at income, employment history, health, and contributions to the marriage when deciding whether to award it.

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

The requesting spouse must show they can’t meet minimum reasonable needs despite diligent efforts to earn adequate income or develop necessary skills. Typical pathways: (a) marriage of 10+ years plus inability to be self-supporting; (b) a physical/mental disability; (c) primary caregiver of a child with substantial care needs; or (d) recent family violence conviction by the other spouse. Gather facts early (work history, education, health limitations, caregiving demands) because eligibility is a threshold question—if not met, maintenance won’t be considered.

Step 2: File a Request for Maintenance

Maintenance must be specifically pleaded in the Original Petition for Divorce or a Counter-Petition. Do not assume the court will raise it on its own. Clearly request temporary and/or post-decree maintenance, and state the statutory basis you believe applies. Missing this step can waive the claim.

Step 3: Provide Financial Disclosure

Both parties exchange income, expense, asset, and debt information (paystubs, tax returns, budgets, health insurance costs). The court compares demonstrated need against the other spouse’s ability to pay. Provide organized, verifiable documents; unsupported estimates weaken your position. Consider a sworn financial statement to present needs clearly.

Step 4: Court Evaluation of Factors

Judges weigh statutory factors: duration of marriage; contributions (including homemaking); education/employability; age and health; property division outcomes; misconduct (including family violence); and the effort needed for the requesting spouse to become self-supporting. Persuasive evidence ties these factors to concrete, near-term needs rather than indefinite support.

Step 5: Calculation of Amount

By statute, maintenance is capped at the lesser of $5,000/month or 20% of the payor’s average gross monthly income. The court then tailors the award to actual “minimum reasonable needs,” considering any income the recipient can earn and property awarded in the divorce. Expect the court to scrutinize budgets and trim non-essential expenses.

Step 6: Determination of Duration

Texas limits maintenance length: generally up to 5 years (10–<20 year marriages or family-violence), 7 years (20–<30), and 10 years (30+). Indefinite awards are rare and usually tied to disability of the spouse or child. Courts aim for the shortest reasonable period allowing the recipient to become self-supporting, so expect a rehabilitative timeline.

Step 7: Issuance of Court Order

The Final Decree specifies the amount, frequency (often monthly), start date, duration, and enforcement terms (e.g., wage withholding). It may also require exchange of income information at intervals. Precision here prevents later disputes—ensure the decree addresses payment method and what happens if a due date falls on a weekend/holiday.

Step 8: Enforcement of Orders

If payments stop, the recipient may file a motion to enforce. Remedies include income withholding, money judgments for arrears, interest, and contempt (fines, in extreme cases jail). Keep meticulous records (bank statements, receipts) and act promptly; older arrears can be harder to collect.

Step 9: Modification of Orders

A material and substantial change (e.g., job loss, disability, significant income change) can justify modification. The court won’t revisit needs lightly—bring updated financials and evidence. Note: voluntary underemployment typically won’t support a reduction; courts look for good-faith changes.

Step 10: Termination of Maintenance

Maintenance ends when (a) the set term expires, (b) either spouse dies, (c) the recipient remarries, or (d) the recipient cohabits in a permanent, conjugal-like relationship. Decrees often define proof standards for cohabitation. Termination is typically effective from the qualifying event forward—notify and file promptly to avoid overpaying.

Costs Associated

Filing spousal maintenance as part of divorce usually doesn’t add filing fees beyond the base divorce filing (often ~$250–$350, county-dependent). Contested maintenance claims add attorney time for discovery, hearings, and potentially experts (vocational evaluations, medical testimony). Consider mediation costs if maintenance is a key negotiation point.

Time Required

Maintenance is decided within the divorce timeline. Texas requires a 60-day waiting period from filing to divorce; contested maintenance (discovery, expert reports, hearings) can extend the case for months. Temporary spousal support may be sought via temporary orders while the case is pending.

Limitations of Spousal Maintenance in Texas

• Strict eligibility—many divorces won’t qualify for post-decree maintenance.
• Amount capped at the lesser of $5,000/month or 20% of the payor’s average gross monthly income.
• Duration is limited (except disability scenarios) and aimed at rehabilitation.

Risks and Unexpected Problems

• Failure to plead maintenance early can waive the claim.
• Insufficient evidence of need or eligibility can result in denial.
• Enforcement/arrears collection can be time-consuming and costly.
• Disputes over cohabitation or job-search efforts can trigger modification litigation.

Sources

• Texas Courts
• State Bar of Texas