Alimony in Texas: What You Should Know

Divorce is inherently challenging no matter the location, but Texas happens to be one of the most difficult states to secure court-mandated alimony, also known as spousal maintenance or spousal support.

To help you understand what to expect, let’s look at the different types of spousal support available in Texas, how to tell if you or your spouse is eligible, and some alternatives to consider before heading to court. 

Types of spousal support in Texas

Generally speaking, spousal support is meant to provide financial assistance to an ex-spouse who earns significantly less than the other. In Texas, however, the law only grants spousal maintenance under specific circumstances. As a result, many couples try to negotiate a type of agreement known as contractual alimony. 

Here’s what you should know about these types of spousal support: 

Contractual alimony

Contractual alimony can take a few different forms, but in all cases, it’s a voluntary agreement between spouses that outlines the terms of spousal support following their separation. Couples can establish these terms through prenuptial or postnuptial agreements, as well as part of a divorce settlement before heading to court. 

A prenuptial agreement can be particularly beneficial in Texas, where most assets acquired during the marriage—known as community property—must be divided equally. These arrangements allow couples to outline spousal support terms in good faith, ensuring that both parties clearly understand each other’s financial entitlements in the event of a divorce. 

Either way, the process for contractual alimony begins with both parties negotiating the amount, duration, and conditions of support, which are then formalized in a written, legally binding contract. Because both parties consent to the terms, courts typically honor contractual alimony agreements in divorce proceedings, even if the payments are more than the law requires. Conversely, if one party doesn’t meet their contractual obligations in the future, the other may pursue legal action. 

Spousal maintenance

If one partner believes they deserve spousal maintenance in Texas but can’t reach an agreement with the other spouse, the court will determine how to proceed. If the spouse seeking maintenance (the “obligee”) meets the criteria for support, the court has the discretion to determine the amount and duration of payments. 

Spousal maintenance is generally limited to a maximum of five, seven, or ten years, depending on the length of the marriage, and is capped at $5,000 per month or 20% of the paying spouse’s (the “obligor”) gross monthly income—whichever is less. As a court order, it also carries more severe penalties if the paying spouse doesn’t comply, including jail time and significant fines. 

How does spousal maintenance work in Texas? 

Texas Family Code Chapter 8 outlines the eligibility requirements for spousal maintenance and the factors that the court will consider in its decision. Here’s what it means for couples seeking a divorce in the state: 

Who can get spousal support? 

In order to qualify for spousal maintenance, the obligee must demonstrate they don’t have enough separate or community property to meet their minimum reasonable needs following the separation. Additionally, they must satisfy at least one of the following criteria:

• Long-term marriage with economic disadvantage. The couple has been married for at least 10 years, and the obligee lacks the ability to earn sufficient income to meet their basic needs. 
• Disability. The obligee has a physical or mental disability that prevents them from earning enough income to support themselves. 
• Caregiver of a disabled child. The obligee is the primary caretaker of a child from the marriage who has a disability requiring substantial care and financial support. 
• Domestic violence. The obligee can prove their partner committed an act of family violence within two years of filing for divorce or during the divorce proceedings. 

Given these strict requirements and limitations, most spouses in Texas don’t qualify for spousal maintenance. 

What factors influence alimony decisions? 

If the spouse seeking spousal maintenance is eligible per state law, the court then considers various factors to determine how to structure the arrangement. Here’s what they look for: 

• Each spouse’s ability to independently meet their basic needs post-divorce 
• Education levels and employment skills of both parties
• Time required for the obligee to gain the necessary education or job training to become self-sufficient 
• Length of the marriage
• Age, work history, earning capacity, and overall health of the obligee 
• Impact of child support obligations on each spouse’s financial situation
• Any wasteful or fraudulent actions regarding shared assets during the marriage
• Contributions made by one spouse to the other’s education or career advancement
• Assets and property each spouse brought into the marriage
• Homemaking contributions during the relationship
• Instances of infidelity or cruel treatment within the marriage
• Any history or pattern of domestic violence

Based on these factors, the court’s goal is to settle on a fair amount and duration of payments that support the spouse's minimum reasonable needs while considering the circumstances of both parties. 

How support is calculated

As previously discussed, the court will not order spousal maintenance payments exceeding $5,000 per month or 20% of the payer’s monthly gross income, whichever is lower. For reference, this includes all income sources except principal or capital returns, accounts receivable, and various public assistance benefits (e.g., Social Security benefits). 

Besides this stipulation, Texas Family Code doesn’t provide a definitive method to calculate spousal support. Instead, the court has discretion to determine the final award amounts, though the duration of payments generally depends on how long the marriage lasted (except in cases involving family violence, which have no minimum length to qualify for support).

Here are the maximum spousal support durations allowed by Texas law:

• Up to 5 years for marriages lasting between 10 and 20 years 
• Up to 7 years for marriages lasting between 20 and 30 years
• Up to 10 years for marriages lasting over 30 years 

Unless the order expires, spousal maintenance can only be terminated upon either party's death or if the obligee starts living with a new romantic partner on a permanent basis. 

Tax implications of spousal support in Texas

For divorces finalized before January 1, 2019, the obligor can deduct alimony payments on their federal tax return, and the obligee must report the payments as taxable income. However, the Tax Cuts and Jobs Act changed these rules for divorces finalized after December 31, 2018. 

Under the new law, alimony payments are no longer tax-deductible for the obligor, and the obligee doesn’t have to report them as taxable income. This means the obligee does not have to pay state or federal taxes on the alimony they receive, but the obligor has less incentive to agree to substantial alimony payments. 

Modifying and enforcing alimony orders

It’s possible to modify existing alimony orders if either ex-spouse experiences a significant change in circumstances, such as loss of employment, a drastic increase or decrease in income, or a serious health issue. However, it’s important to note that any changes will only apply to future payments, and the court can’t increase the amount or extend the duration beyond what was initially set.

To request a modification, the party must file a motion in the same court that issued the original order. The court then sets a hearing date for both parties to present their evidence and advocate for why the original order should be adjusted or kept. 

On the other hand, if the obligor fails to make the required alimony payments, the obligee can enforce the order by filing a motion in the same way. If the court rules in their favor, they may garnish the obligor’s wages, place liens on property, or potentially impose jail time. 

5 ways a spousal support lawyer can help

You may want to consider speaking with a spousal support lawyer to protect your financial interests if you’re about to file for divorce or have concerns about your existing alimony agreement. Here are five ways they can help:

1. Understanding your legal rights and options. A lawyer is best equipped to inform you of your rights, obligations, and potential outcomes regarding Texas alimony law. 
2. Determining eligibility and amounts. There’s no definitive method to calculate alimony in Texas, so you want a lawyer to oversee the process and ensure the arrangement works in your favor. 
3. Preparing and filing paperwork. Whether you need help drafting a postnuptial agreement or filing a motion to adjust alimony payments, a lawyer handles all documentation and reduces the risk of errors or delays. 
4. Representing you in court. If you can’t agree on contractual alimony with your spouse, it’s crucial to have a lawyer who advocates for your interests in court.
5. Minimizing stress and complications. A contested divorce can take a toll on your mental health, but a lawyer reduces your involvement and makes it easier to focus on your future. 

In short, a spousal support lawyer works in your corner to build a secure and stable future—regardless of the legal dilemma. Rather than navigating Texas alimony and divorce law alone, reach out to a knowledgeable lawyer to handle the heavy lifting for you.  

FAQs

Still have questions about alimony in Texas? Here’s what other readers typically ask: 

What qualifies for alimony in Texas? 

The marriage must have lasted at least ten years, and the spouse seeking support must be unable to meet their own minimum reasonable needs due to a disability, caregiving responsibilities, or other substantial reasons. Family violence offenses may also warrant alimony in some situations.  

How long does alimony last in Texas? 

The duration of alimony ranges from 5 years for marriages that lasted 10-20 years to 10 years for marriages that lasted at least 30 years. However, courts in Texas have the discretion to determine the exact length of alimony, which varies based on the circumstances of the marriage. 

How hard is it to get spousal support in Texas? 

Obtaining spousal support in Texas is challenging compared to other states due to the selective eligibility criteria. Few spouses qualify for post-divorce support because of the requirements, so many attempt to negotiate contractual alimony or create a postnuptial agreement instead.