Spousal Support (Maintenance) in a Texas Divorce

Spousal Maintenance Is Not Automatic

Unlike child support, Texas does not calculate spousal maintenance by a simple formula. A spouse must affirmatively request it and prove eligibility. The court can only order maintenance if the spouse seeking it lacks sufficient property to meet their minimum reasonable needs and one of the statutory grounds applies.

• •The marriage lasted 10 years or more and the spouse lacks the ability to earn enough to meet minimum reasonable needs, or
• •The other spouse was convicted of family violence within two years before the divorce filing, or
• •The spouse seeking maintenance has custody of a child of the marriage with a disability that prevents the spouse from working.

Duration Caps

Even when maintenance is awarded, Texas limits how long it lasts based on the length of the marriage. The court can order maintenance for the shortest reasonable period that lets the spouse become self-supporting.

• •Marriage under 10 years (with family violence ground): up to 5 years.
• •Marriage of 10–20 years: up to 5 years.
• •Marriage of 20–30 years: up to 7 years.
• •Marriage of 30+ years: up to 10 years.
• •Disability or incapacitation cases can extend these limits.

Maximum Amount

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

Contractual Alimony vs. Court-Ordered Maintenance

Court-ordered maintenance follows the statutory limits above. Contractual alimony is different: it is an agreement between the spouses, written into the settlement, and the parties can set their own terms (subject to tax rules). In an uncontested divorce, spouses often agree to waive support entirely, or they may agree to a fixed, time-limited payment in the Marital Settlement Agreement.

Tax Treatment

For divorces finalized after December 31, 2018, federal law changed the tax treatment of alimony. Payments under instruments executed after that date are not deductible by the payer and not taxable income to the recipient. Texas maintenance is subject to these federal rules. Always confirm current tax treatment with a qualified tax professional.

How DivorceReady Helps

DivorceReady records the spousal support terms you and your spouse agree to in your Texas Marital Settlement Agreement — including a waiver of support if that is what you both choose. We do not advise on whether you should receive or pay maintenance, whether a waiver is in your interest, or whether you qualify. For those questions, speak with a licensed Texas family law attorney.