Spousal Maintenance in Texas: What You Need to Know Video

If you’re going through a divorce, one of the biggest questions you may have is whether spousal maintenance (alimony) will be part of your case. In Texas, the rules are strict—and many people are surprised to learn how limited eligibility really is.

In this video, we break down what spousal maintenance is, who qualifies, and what you need to prove in court.

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What Is Spousal Maintenance?

Spousal maintenance is a court-ordered payment from one spouse to the other after a divorce. Its purpose is to help a spouse meet their minimum reasonable needs when they cannot do so on their own.

Unlike some other states, Texas does not automatically award alimony. You must meet specific legal requirements.

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Who Qualifies for Spousal Maintenance in Texas?

To qualify, you generally must show that you lack sufficient property or income to meet your basic needs after divorce.

In addition, at least one of the following must apply:

• The marriage lasted 10 years or longer, and you cannot earn sufficient income
• You have a disability that prevents you from working
• You are the primary caregiver of a disabled child
• The other spouse committed family violence

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How Long Does Spousal Maintenance Last?

Texas law limits both the amount and duration of maintenance.

Typically:

• 5 years (for marriages 10–20 years)
• 7 years (20–30 years)
• 10 years (30+ years)

Courts aim to keep maintenance temporary, not permanent.

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How Much Is Spousal Maintenance?

The court may order the lesser of:

• $5,000 per month, or
• 20% of the paying spouse’s average monthly gross income

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Why Spousal Maintenance Is Often Denied

Many people assume they’ll receive alimony—but Texas courts require proof that you’ve made a good-faith effort to become self-supporting.

If you don’t meet the strict criteria, maintenance will likely be denied.