Spousal Support in Texas: Eligibility, Duration, and Calculation

In Texas, spousal support — legally called spousal maintenance — is not automatic. It is only awarded under specific conditions, with clear rules for how long it lasts and how much is paid. Here is a simple breakdown based on Texas Family Code Chapter 8.

Eligibility

To get court-ordered support, you must meet two main requirements:

1. You do not have enough income or property to cover your basic reasonable needs.
2. You fit at least one of these conditions:

• Married 10 years or more, and cannot earn enough to support yourself, or gave up career opportunities for the family or your spouse’s work.
• Have a long-term or permanent disability that stops you from working.
• Are the main caregiver for a disabled child from the marriage, making full-time work impossible.
• Experienced family violence from your spouse within 2 years before filing for divorce or during the case — no minimum marriage length required here.

Important points:

• Support is not guaranteed. You must prove you qualify and are trying to become self-sufficient.
• Your own savings, property, and income are counted when deciding if you need help.
• You and your spouse can agree to different terms that go beyond these rules — those agreements are valid and enforceable.

Duration

Texas sets strict time limits, designed to help you become independent, not provide lifelong payments.

Standard limits based on marriage length:

• Less than 10 years: Only allowed if family violence applies — maximum 5 years.
• 10 to 20 years: Up to 5 years total.
• 20 to 30 years: Up to 7 years total.
• 30 years or more: Up to 10 years total.

Exceptions:

• Payments can continue longer only if you have a permanent disability or care for a disabled child, and still need support. Courts review these cases regularly.

When support ends early:

• Either spouse passes away.
• The person receiving support remarries.
• The person receiving support lives with a partner in a marriage-like relationship.
• You become self-sufficient or no longer need help.

Courts may also order payments to go down gradually over time to encourage independence.

Calculation

There are fixed caps on how much can be ordered by a court.

Basic rules:

• The payment amount is the lesser of:
  • $5,000 per month, OR
  • 20% of the paying spouse’s average monthly gross income.

Gross income means all money earned before taxes — wages, bonuses, business income, rent, interest, etc. It does not include child support or separate property earnings.

Factors courts use to set the exact amount:

• Your needs and your spouse’s ability to pay.
• The standard of living you had during the marriage.
• Age, health, education, and ability to work.
• Contributions each spouse made to the marriage (including raising children or supporting a career).
• Any history of family violence or fault in the divorce.
• Property you already received in the divorce settlement.

Example:

• If your spouse earns $12,000 gross per month → 20% = $2,400 per month (under the $5,000 cap, so this is the maximum possible).
• If your spouse earns $30,000 gross per month → 20% = $6,000, but capped at $5,000 per month.

Note: Courts usually order less than the maximum, based on actual needs and circumstances.

Key Facts to Remember

• Alimony is not automatic — only a small percentage of Texas divorces result in court-ordered support.
• It is meant to cover basic needs, not maintain an expensive lifestyle.
• Private agreements between spouses can have higher amounts or longer terms than the legal limits.

Always consult a family law attorney to understand how these rules apply to your specific situation.

Get Help from an Experienced Divorce Lawyer in Texas

An experienced divorce attorney serving Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take charge of your case from the very start and work diligently to ensure your rights are protected and you achieve a fair outcome. Our divorce lawyers provide dedicated guidance through every stage of the process, helping you navigate matters such as property division, debt allocation, child custody, visitation arrangements, child support, and spousal support. Whether your case is straightforward or complex, we will advocate for your best interests and help you move forward with confidence. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.