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Spousal support isn’t automatic in Texas. If you’ve asked yourself, Can you get spousal maintenance in a Texas divorce, the answer depends on your situation. Texas courts follow strict rules, and not everyone qualifies. Judges look at financial need, health, past abuse, and how long the marriage lasted. If you’re thinking about requesting support, it’s important to understand what the court expects before making your case.
What Is Spousal Maintenance?
Spousal maintenance refers to money one spouse pays the other after a divorce. It helps the receiving spouse cover basic needs when they can’t support themselves immediately. In Texas, the court uses the term “maintenance” instead of alimony.
Who Can Get Spousal Maintenance in Texas?
You can’t ask for maintenance just because your lifestyle will change. You must show the court that you cannot meet your basic needs after the divorce. Here are the main situations that may qualify:
Marriage Lasted at Least 10 Years
You must show the court that you lack income or assets to meet your basic needs. You also need to prove that you’re trying to earn income or develop job skills.
Your Spouse Committed Family Violence
If your spouse was convicted or received deferred adjudication for domestic violence in the past two years or during the divorce process, you may qualify for maintenance.
You Have a Disability
If a physical or mental disability prevents you from earning enough to meet your basic needs, the court may award maintenance. You must show medical evidence.
You Care for a Disabled Child
If your child requires full-time care due to a physical or mental disability and that prevents you from working, you may qualify.
How Long Can Spousal Maintenance Last?
Texas law sets strict limits on how long maintenance can continue. The court looks at your specific situation but follows these general guidelines:
- 5 years if the marriage lasted between 10 and 20 years, or if abuse occurred
- 7 years if the marriage lasted between 20 and 30 years
- 10 years if the marriage lasted 30 years or more
If maintenance is granted due to a disability or full-time caregiving responsibilities, the court may extend the order. However, it must review the case regularly.
How Much Can You Receive?
The law limits the amount of spousal maintenance in Texas. You may receive:
- Up to $5,000 per month, or
- 20% of your spouse’s average gross monthly income
The court will choose the lower amount. Judges look at your actual needs, not your past lifestyle.
What Will the Court Consider?
The court will not base decisions on assumptions or emotions. It will review details such as:
- Income and earning ability of both spouses
- Education and work history
- Age and physical or mental health
- The length of the marriage
- Property awarded in the divorce
- Contributions to the household as a homemaker
- History of misconduct such as abuse or infidelity
You must also show effort to become financially independent.
How To Support Your Request
If you believe you qualify, you must build a strong case. These steps can help:
Gather Documentation
Collect records that show income, expenses, medical needs, and any job search efforts. Include anything that proves your financial struggle.
Show Your Contribution
If you stayed home to support your spouse’s career or care for children, highlight it. These efforts matter to the court.
Consult a Legal Professional
Although not required, having an attorney can make a difference. They can help present your case effectively.
What Could Prevent Approval?
Spousal maintenance is not guaranteed, even if you meet the criteria. Common reasons for denial include:
- You received valuable property in the divorce
- You voluntarily left your job or made no effort to work
- You failed to provide credible evidence
- You engaged in fraud or misconduct during the case
Texas judges want to see genuine need and honesty.
Can Spousal Maintenance Be Modified?
Yes, the court can change or cancel maintenance if your situation changes. These situations may apply:
- The receiving spouse remarries
- The receiving spouse lives with a new partner
- The paying spouse loses their job or has reduced income
- The receiving spouse starts earning enough to cover expenses
To request changes, you must file a motion with the court and provide updated financial information.
What About Tax Rules?
Under current federal law:
- The paying spouse cannot deduct spousal maintenance on their taxes
- The receiving spouse does not report it as taxable income
This applies to divorce orders finalized after January 1, 2019. It’s a good idea to speak with a tax adviser if you have questions.
Can Spouses Agree on Their Own?
Yes. This is called contractual alimony. Spouses can create their own maintenance agreement as part of the divorce. It can:
- Last longer than what the court allows
- Provide a higher amount
However, enforcement follows contract law, not family court rules. That means the court cannot modify the agreement later.
Final Thoughts
Spousal maintenance in Texas is possible but limited. You must qualify under specific conditions and show the court clear proof. Judges do not award maintenance based on emotional claims or assumptions about past lifestyles. They want to see that you need help and have made real efforts to support yourself.
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