Texas doesn’t award traditional “alimony.” Courts can order spousal maintenance only if the requesting spouse can’t meet minimum reasonable needs and specific statutory criteria apply (family violence, disability, caring for a disabled child, or a 10+ year marriage). Amounts are capped at the lesser of $5,000/month or 20% of the payer’s average monthly gross income, and duration is typically 5/7/10 years (longer only for disability situations). Texas Statutes
- Eligibility & factors: see Texas Family Code §§ 8.051–8.052. Texas Statutes
- Duration limits: § 8.054 (5/7/10 years; indefinite only for disability/care of disabled child while conditions persist). Texas Statutes
- Amount cap: § 8.055 ($5,000 or 20%). Texas Statutes
- Termination: death, remarriage, or cohabitation in a romantic relationship on a continuing basis ( §8.056). Texas Statutes
- Unmarried partners: Texas doesn’t recognize “palimony”; rights may exist only if you prove informal (common-law) marriage under § 2.401.
Texas spousal support guide: who qualifies, how long it lasts (5/7/10 years or disability), the $5,000 or 20% cap, and why ‘palimony’ isn’t recognized.
Not everyone qualifies for alimony in Texas. In fact, the law sets strict rules about who can receive financial support after a divorce. Texas courts do not order alimony directly. Instead, they may order spousal support (also called spousal maintenance) if you meet specific requirements.
To qualify for spousal support in Texas, you must prove that you cannot cover your basic needs after the divorce. One of the following situations must also apply:
- Disability: you have a physical or mental condition that prevents you from working.
- Caring for a disabled child: you care for a child from the marriage who has a physical or mental disability and needs constant attention.
- Long-term marriage: your marriage lasted at least 10 years.
- Family violence: the court convicted your spouse of family violence within two years before the divorce or during the divorce process.
The court will also look at factors like your age, health, work history, and contributions to the marriage. If you do not meet the eligibility criteria, the court will not grant spousal support.
The amount and duration of spousal support depend on how long you were married:
- Less than 10 years (if family violence occurred): Up to 5 years
- 10 to 20 years: Up to 5 years
- 20 to 30 years: Up to 7 years
- Over 30 years: Up to 10 years
- Indefinitely: If you or your child have a disability
The amount of support cannot exceed $5,000 per month or 20% of the paying spouse’s average monthly income, whichever is less.
If you were not legally married, you usually cannot get alimony. Texas law does not recognize “palimony” for unmarried couples. But if you qualify as a common-law spouse, you may still be eligible. You must prove that you lived together, agreed to be married, and presented yourselves as a married couple.
If you are unsure whether you qualify, consider speaking with a family law attorney. They can help you understand your rights and your best options moving forward.
1) Who can get court-ordered spousal support in Texas?
Only spouses who cannot meet their minimum reasonable needs and who fit a statutory ground (family violence, 10+ year marriage, disability, or caring for a disabled child). _This is general information, not legal advice._ Texas Statutes
2) How long can maintenance last?
Generally up to 5 years (family-violence cases or 10–<20-year marriages), 7 years (20–<30 years), or 10 years (30+ years). Longer (ongoing) is possible for qualifying disability situations. _This is general information, not legal advice._ Texas Statutes
3) How much can a court order?
No more than the lesser of $5,000/month or 20% of the payer’s average monthly gross income. _This is general information, not legal advice._ Texas Statutes
4) What do judges consider when setting amount/duration?
They weigh factors like each spouse’s resources, education, employment skills, efforts to become self-supporting, contributions to the marriage, and any misconduct affecting finances. _This is general information, not legal advice._ Texas Statutes
5) Can maintenance be modified?
Yes—upon a material and substantial change after the order (e.g., income changes). You must ask the issuing court to modify. _This is general information, not legal advice._ Texas Statutes+1
6) What’s the difference between “spousal maintenance” and “contractual alimony”?
Maintenance is the court-ordered support under Chapter 8. Contractual alimony is support the parties agree to in a divorce decree (contract-based) and can exceed Chapter 8 limits only by agreement. _This is general information, not legal advice._ Texas Statutes