Texas Spousal Maintenance: When Is It Awarded?

Unlike child support, Texas does not calculate spousal maintenance by a simple formula. A spouse must request it and prove eligibility: they lack sufficient property to meet their minimum reasonable needs, and a statutory ground applies, such as a marriage of 10 years or more where the spouse cannot earn enough, a family violence conviction within two years before filing, or custody of a disabled child.

Even when awarded, maintenance is time-limited. Marriage of 10 to 20 years caps at 5 years; 20 to 30 years caps at 7 years; and 30-plus years caps at 10 years. Family violence grounds (under 10-year marriages) can allow up to 5 years. Disability cases can extend these limits.

Texas caps maintenance at the lesser of about $5,000 per month or 20% of the paying spouse's average monthly gross income, adjusted periodically for inflation. The amount is based on the receiving spouse's minimum reasonable needs, not on maintaining a prior lifestyle.

Court-ordered maintenance follows the statutory caps. Contractual alimony is an agreement between spouses written into the settlement, with terms the parties set themselves subject to tax rules. In uncontested divorces, spouses often simply agree to waive support.

For divorce instruments executed after December 31, 2018, payments are not deductible by the payer and not taxable to the recipient under federal law. Confirm current treatment with a tax professional before relying on it.

For the full eligibility, duration, and amount rules, see our Texas spousal support topic page. DivorceReady records the support terms you agree to but does not advise on whether you qualify or should waive support.