Am I Eligible For Spousal Support?

Spousal maintenance — sometimes informally called alimony — is not guaranteed in a Texas divorce. Unlike some states where long-term spousal support is common, Texas imposes strict eligibility requirements and limits on both the amount and duration of maintenance. Understanding these rules is essential for anyone seeking or contesting a spousal support claim.

Under Section 8.051 of the Texas Family Code, a spouse may be eligible for court-ordered maintenance if they lack sufficient property after the divorce to provide for their minimum reasonable needs, and at least one of the following conditions is met: the other spouse was convicted of or received deferred adjudication for family violence within two years of the divorce filing; the marriage lasted at least ten years and the requesting spouse lacks the ability to earn sufficient income; the requesting spouse or a child of the marriage has a physical or mental disability that prevents the spouse from earning adequate income.

Even when a spouse meets the threshold eligibility requirements, the court considers additional factors in determining the amount and duration of maintenance. These include each spouse's ability to provide for their own needs, the education and employment skills of the requesting spouse, the length of the marriage, the requesting spouse's contribution as a homemaker, marital misconduct, and any history of family violence.

Texas law caps the amount of spousal maintenance at the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income. The duration of maintenance is also limited by statute, generally ranging from five to ten years depending on the length of the marriage, with indefinite maintenance available only in cases involving disability. These limits reflect the Texas legislature's intent that maintenance be rehabilitative rather than permanent.

Contractual alimony — agreed to by the parties as part of the divorce settlement — is a separate concept from court-ordered maintenance and is not subject to the same statutory caps. Parties may agree to terms that exceed the statutory limits, which can provide more flexibility in settlement negotiations. Understanding the distinction between court-ordered maintenance and contractual alimony is important for evaluating available options.