Texas caps court-ordered spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income under Texas Family Code § 8.055. Unlike most states, Texas has strict eligibility requirements that only approximately 10% of divorcing spouses meet. The state distinguishes between court-ordered spousal maintenance (governed by statutory caps and eligibility rules) and contractual alimony (negotiated between spouses with no statutory limits). This guide explains how much alimony you can expect to receive or pay in Texas, including the specific factors courts use to calculate amounts and the maximum duration based on marriage length.
Key Facts: Texas Spousal Maintenance at a Glance
| Category | Details |
|---|---|
| Filing Fee | $250-$400 (varies by county; as of March 2026) |
| Waiting Period | 60 days minimum from filing to final decree |
| Residency Requirement | 6 months in Texas + 90 days in filing county |
| Grounds for Divorce | No-fault (insupportability) or fault-based |
| Property Division | Community property (50/50 presumption) |
| Maximum Maintenance | $5,000/month or 20% of gross income (whichever is less) |
| Eligibility Rate | Approximately 10% of Texas divorces |
How Texas Calculates Spousal Maintenance Amounts
Texas courts determine spousal maintenance amounts by applying a statutory cap of $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever amount is lower, and then evaluating whether the requesting spouse's minimum reasonable needs justify an award within that cap. Unlike child support, Texas has no mathematical formula for calculating spousal maintenance, leaving the specific amount to judicial discretion based on factors outlined in Texas Family Code § 8.052. A spouse earning $8,000 monthly gross income would face a maximum maintenance obligation of $1,600 (20% of $8,000), while a spouse earning $30,000 monthly would be capped at $5,000 regardless of income level.
The court begins by determining whether the requesting spouse meets one of the four eligibility requirements under Texas Family Code § 8.051. Once eligibility is established, the judge calculates the requesting spouse's minimum reasonable needs by examining monthly expenses for housing, utilities, food, transportation, healthcare, and other basic necessities. The court then compares these needs against the requesting spouse's income and property received in the divorce to determine whether a shortfall exists.
Factors Courts Use to Determine Maintenance Amount
Under Texas Family Code § 8.052, courts must consider all relevant factors when setting maintenance amounts, including each spouse's financial resources after property division, education and employment skills of both parties, time needed for the requesting spouse to acquire sufficient education or training, duration of the marriage, and the age and health of the spouse seeking maintenance. Courts also evaluate contributions as a homemaker, marital misconduct including adultery and cruel treatment, any history of family violence, and efforts the requesting spouse has made to become self-supporting.
The due diligence requirement plays a critical role in maintenance determinations. Under Texas Family Code § 8.053, courts presume that maintenance is not warranted unless the requesting spouse has diligently sought suitable employment or developed necessary skills during the period of separation. A spouse who makes no effort to find work or improve employability will likely have their maintenance request denied, regardless of financial need.
Texas Spousal Maintenance Eligibility Requirements
To qualify for court-ordered spousal maintenance in Texas, the requesting spouse must prove they lack sufficient property (including their share of community property) to meet their minimum reasonable needs AND must satisfy at least one of four qualifying conditions established by Texas Family Code § 8.051. These strict eligibility requirements explain why only about 10% of Texas divorce cases result in court-ordered spousal maintenance, making Texas one of the most restrictive states in the nation for spousal support.
The four qualifying conditions under Texas law are:
- Marriage lasting 10 years or longer combined with inability to earn sufficient income to meet minimum reasonable needs
- Family violence conviction or deferred adjudication against the paying spouse within two years before filing or while the divorce is pending
- Incapacitating physical or mental disability preventing the requesting spouse from earning sufficient income
- Custodianship of a child of the marriage who requires substantial care due to physical or mental disability
A spouse married for 9 years and 11 months would not qualify for maintenance under the 10-year marriage requirement, regardless of financial need. However, that same spouse could still qualify if the other spouse committed family violence or if the requesting spouse has an incapacitating disability.
Maximum Duration of Texas Spousal Maintenance
Texas law sets strict duration limits on spousal maintenance based on the length of the marriage under Texas Family Code § 8.054. For marriages lasting at least 10 years but less than 20 years, the maximum maintenance duration is 5 years. For marriages lasting at least 20 years but less than 30 years, the maximum duration extends to 7 years. For marriages lasting 30 years or more, courts may order maintenance for up to 10 years.
| Marriage Duration | Maximum Maintenance Period |
|---|---|
| 10-20 years | 5 years maximum |
| 20-30 years | 7 years maximum |
| 30+ years | 10 years maximum |
| Family violence (any duration) | 5 years maximum |
| Disability (spouse or child) | Indefinite (until condition changes) |
Family violence cases present an exception to the marriage-length requirements. If eligibility is based solely on a family violence conviction or deferred adjudication, the court may order maintenance for up to 5 years regardless of how long the marriage lasted. This provision protects victims who may not have been married long enough to qualify under the standard 10-year rule.
Indefinite maintenance is only available when the requesting spouse has an incapacitating disability or is caring for a disabled child requiring substantial supervision. Even in these cases, maintenance automatically terminates upon the death of either party, remarriage of the recipient, or when the recipient cohabits with another person in a dating or romantic relationship.
Court-Ordered Maintenance vs. Contractual Alimony
Texas recognizes two distinct forms of spousal support: court-ordered spousal maintenance under Texas Family Code Chapter 8 and contractual alimony negotiated between the parties. Understanding the differences between these options is essential because they have dramatically different rules regarding amounts, duration, and enforceability.
Court-ordered spousal maintenance has strict eligibility requirements, statutory caps of $5,000 per month or 20% of gross income, and maximum duration limits based on marriage length. However, it offers powerful enforcement mechanisms through the court's contempt powers, meaning a non-paying spouse can face fines or jail time under Texas Family Code § 8.059. The court can also order income withholding directly from the obligor's wages.
Contractual alimony allows spouses to agree to any amount for any duration with no statutory caps or limits. A spouse could agree to pay $10,000 monthly for 20 years if both parties consent. However, contractual alimony is enforced as a contract rather than a court order, meaning the recipient must file a separate breach of contract lawsuit if payments stop. The family court cannot hold a non-paying spouse in contempt for failing to pay contractual alimony, making enforcement significantly more difficult and expensive.
| Feature | Court-Ordered Maintenance | Contractual Alimony |
|---|---|---|
| Maximum Amount | $5,000/month or 20% of income | No limit |
| Maximum Duration | 5-10 years based on marriage | No limit |
| Eligibility Requirements | Must meet one of four conditions | None (mutual agreement) |
| Enforcement | Contempt powers (fines/jail) | Contract lawsuit only |
| Modification | Court can reduce only | Requires mutual agreement |
| Termination on Remarriage | Automatic | Only if specified in agreement |
Temporary Spousal Support During Divorce
Texas courts may award temporary spousal support (sometimes called pendente lite support) during the divorce proceedings under Texas Family Code § 6.502. This interim support addresses immediate financial disparities while the divorce is litigated and automatically terminates when the court enters the final divorce decree. Temporary support is separate from post-divorce spousal maintenance and uses different eligibility standards.
To obtain temporary spousal support, the requesting spouse must demonstrate a financial need for assistance and show that the other spouse has the ability to pay. Courts typically require detailed income and expense documentation, including pay stubs, tax returns, bank statements, and monthly bills. If the requesting spouse's income exceeds their basic monthly expenses, the temporary support request will likely be denied.
Temporary spousal support follows the same statutory caps as post-divorce maintenance: $5,000 per month maximum or 20% of the paying spouse's gross income, whichever is less. Texas divorce cases typically take 6-12 months from filing to final decree, though contested cases involving significant assets or custody disputes may extend longer. Any unpaid temporary support arrearages survive the final decree and remain enforceable as court judgments.
Texas Divorce Filing Fees and Costs
Texas divorce filing fees range from $250 to $400 depending on the county and whether the case involves minor children. Harris County charges $350 for divorces without children and $365 for divorces with children. Bell County charges $350 as of January 1, 2026. Bexar County charges between $250 and $350 to initiate divorce proceedings. Additional costs include service of process fees ($50-$100), certified copies of the divorce decree ($10-$25), and mandatory parent education courses for divorcing parents with minor children ($25-$50).
As of March 2026. Verify current fees with your local District Clerk before filing.
Texas law permits fee waivers for individuals who cannot afford court costs. Under Texas Rule of Civil Procedure 145, you may file a Statement of Inability to Afford Payment of Court Costs. Courts grant waivers for individuals receiving government benefits (SNAP, TANF, Medicaid, SSI), those earning below 125% of the federal poverty level, or anyone who can demonstrate genuine financial hardship.
Total divorce costs in Texas vary dramatically based on the level of conflict. Uncontested agreed divorces where both parties cooperate can cost as little as $300-$5,000 including filing fees and minimal legal assistance. Contested divorces with custody disputes average $23,500 or more when accounting for attorney fees, expert witnesses, and extended litigation.
Texas Residency Requirements for Divorce
Texas requires that either spouse must have lived in the state for at least 6 consecutive months (180 days) immediately before filing for divorce under Texas Family Code § 6.301. Additionally, the filing spouse must have been a resident of the county where the divorce is filed for at least 90 days. Both requirements must be met before the court has jurisdiction to grant the divorce.
Military personnel stationed in Texas for at least 6 months and in a county for at least 90 days may file for divorce in Texas even if they maintain legal residence in another state. Similarly, military members who left Texas for duty assignments elsewhere but maintained Texas as their legal residence can file for divorce in Texas upon meeting the residency requirements.
A non-resident spouse may file for divorce in Texas as long as the other spouse has maintained Texas residency for at least 6 months. The non-resident spouse should file the divorce petition in the county where the Texas-resident spouse currently lives. As of 2026, many Texas counties including Harris, Dallas, and Bexar accept digital utility bills and e-statements as proof of residency through the e-filing system.
Tax Implications of Texas Spousal Support
Spousal maintenance payments ordered in Texas divorces finalized after December 31, 2018 are not tax-deductible for the paying spouse and are not taxable income for the receiving spouse. This change under the Tax Cuts and Jobs Act of 2017 significantly altered the financial calculations for spousal support in Texas divorces.
Before the 2018 tax law change, paying spouses could deduct maintenance payments from their taxable income while receiving spouses had to report payments as income. The old rules sometimes encouraged higher maintenance payments because the tax deduction partially offset the cost to the paying spouse. Under current law, the full maintenance amount comes directly from the paying spouse's after-tax income.
This tax treatment applies to both court-ordered spousal maintenance and contractual alimony for divorces finalized after 2018. For divorces finalized before 2019 that are later modified, the original tax treatment typically remains in effect unless the modification order specifically states that the new tax rules apply.
Modification and Termination of Spousal Maintenance
Texas courts may modify or terminate spousal maintenance upon a showing of material and substantial change in circumstances affecting either party under Texas Family Code § 8.057. Examples of qualifying changes include significant income changes for either spouse, job loss, serious illness or disability, and retirement. However, Texas law prohibits courts from increasing the amount of maintenance—modifications can only reduce or terminate payments.
Spousal maintenance automatically terminates upon the death of either party, remarriage of the receiving spouse, or when the recipient cohabits with another person in a dating or romantic relationship on a continuing basis. The paying spouse does not need a court order to stop payments upon these events but should document the triggering event carefully.
Contractual alimony has different modification rules. Because contractual alimony is a contract between the parties, courts generally cannot modify the terms unless both parties agree to changes. A spouse who agreed to pay $8,000 monthly for 15 years remains bound by that agreement even if circumstances change, unless the agreement itself includes provisions for modification or termination.
Frequently Asked Questions About Texas Alimony
How much alimony will I get in Texas?
Texas caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income under Texas Family Code § 8.055. The actual amount depends on your minimum reasonable needs and whether you meet one of the four eligibility requirements. For example, if your spouse earns $10,000 monthly gross, the maximum you could receive is $2,000 (20%).
What disqualifies you from alimony in Texas?
You may be disqualified from Texas spousal maintenance if you have sufficient property to meet your minimum reasonable needs, your marriage lasted less than 10 years (without family violence or disability), you failed to make diligent efforts to find employment or develop skills during separation, or you committed adultery or were cruel during the marriage. Courts also consider marital misconduct when determining eligibility.
How long does alimony last in Texas?
Texas limits maintenance duration based on marriage length: 5 years maximum for marriages of 10-20 years, 7 years for marriages of 20-30 years, and 10 years for marriages of 30+ years under Texas Family Code § 8.054. Family violence cases qualify for up to 5 years regardless of marriage length. Indefinite maintenance is available only for disabled spouses or those caring for disabled children.
Can I get alimony if I was married less than 10 years?
Yes, but only in limited circumstances. A spouse married less than 10 years can receive court-ordered maintenance if the other spouse committed family violence within 2 years before filing or during the divorce, if the requesting spouse has an incapacitating disability, or if the requesting spouse cares for a disabled child requiring substantial supervision. Otherwise, the 10-year marriage minimum applies.
What is the difference between alimony and spousal maintenance in Texas?
Texas law distinguishes between court-ordered spousal maintenance (governed by Texas Family Code Chapter 8 with strict eligibility requirements and caps) and contractual alimony (negotiated between spouses with no statutory limits). Court-ordered maintenance is enforceable through contempt of court, while contractual alimony requires a separate breach of contract lawsuit for enforcement.
Does adultery affect alimony in Texas?
Yes, adultery can affect spousal maintenance in Texas. Under Texas Family Code § 8.052, courts consider marital misconduct including adultery when determining maintenance. A spouse who committed adultery may be disqualified from receiving maintenance, and the court may consider the innocent spouse's emotional and financial harm when setting amounts.
Can spousal maintenance be modified in Texas?
Court-ordered spousal maintenance can be modified if either party demonstrates a material and substantial change in circumstances under Texas Family Code § 8.057. However, Texas law prohibits courts from increasing maintenance amounts—modifications can only reduce or terminate payments. Contractual alimony generally cannot be modified unless both parties agree to changes.
Is Texas spousal support taxable?
No. Spousal maintenance payments in Texas divorces finalized after December 31, 2018 are not tax-deductible for the paying spouse and are not taxable income for the receiving spouse. This change under the 2017 Tax Cuts and Jobs Act applies to both court-ordered maintenance and contractual alimony.
How do I qualify for temporary spousal support during divorce?
You must demonstrate financial need and show that your spouse has the ability to pay under Texas Family Code § 6.502. Courts require detailed income and expense documentation including pay stubs, tax returns, and monthly bills. Temporary support is capped at $5,000/month or 20% of your spouse's gross income and ends when the final divorce decree is entered.
Can I waive spousal maintenance in a prenuptial agreement?
Yes, Texas allows spouses to waive the right to court-ordered spousal maintenance in a valid prenuptial or postnuptial agreement. The waiver must be in writing, signed voluntarily by both parties, and entered into without fraud, duress, or coercion. Courts will generally enforce valid spousal support waivers unless enforcement would leave a spouse eligible for public assistance.