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Alimony and spousal support Attorneys in Texas
A spouse can spend years sharing one home, one budget, and one financial plan—then suddenly face the possibility of paying every bill with one income. Alimony and spousal support Attorneys in Texas help people make sense of that uncertainty, but the first thing many clients learn is that post-divorce support in Texas is narrower than they expected.
Texans commonly use the words “alimony” and “spousal support.” Chapter 8 of the Texas Family Code calls the support a court may order “spousal maintenance.” Spouses may also create a separate support obligation through an agreement, commonly called contractual alimony. Which type of support applies affects who may receive it, how much may be paid, how long it may last, whether it can be changed, and how it can be enforced.
That distinction matters when you are trying to determine whether you can remain financially stable after divorce—or whether a requested payment is actually supported by Texas law. A long marriage or a significant difference in income does not automatically create a right to maintenance. Eligibility depends on the property available to the requesting spouse, that spouse’s minimum reasonable needs, earning ability, and whether one of the statutory grounds applies.
Founded by South Texas College of Law graduate Bryan Joseph Fagan, the Law Office of Bryan Fagan, PLLC helps Texas families replace legal uncertainty with clear information and a practical strategy. This page explains who may qualify for court-ordered maintenance, how Texas courts determine amount and duration, how contractual alimony differs from statutory maintenance, and what happens when support is modified, terminated, or unpaid. Wherever you are starting, understanding which rules apply can help you protect your future and move forward with greater confidence and peace of mind.
Quick Answer
Texas courts can order post-divorce support, called spousal maintenance under Chapter 8 of the Texas Family Code. A court may order it only where the spouse requesting it will lack sufficient property — including that spouse’s separate property — on dissolution of the marriage to provide for their minimum reasonable needs, and one of the statutory routes applies: a marriage of at least ten years where that spouse cannot earn enough to meet those needs, an incapacitating physical or mental disability, care of a child of the marriage who requires substantial care because of a disability, or a family-violence conviction or deferred adjudication for an offense committed during the marriage, occurring within two years before the suit was filed or while it is pending.
Chapter 8 then caps the monthly amount, limits duration by reference to the length of the marriage — except where a disability-based eligibility route applies, which carries its own continuation rule — and sets out when an order can be modified and when it ends. Support the spouses create by agreement is a separate arrangement, and an order requiring spousal support is not Chapter 8 maintenance unless it meets the statute’s requirements — which decides how it can later be changed and enforced.
| If you are seeking support | If you are being asked to pay |
|---|---|
| Your first questions are whether you pass the property test, which eligibility route applies, and what evidence supports your minimum reasonable needs. | Your first questions are whether the requesting spouse satisfies both eligibility gates, what the evidence actually shows about property and earning ability, and — if maintenance is available — what amount and duration a court could order. |
Key Takeaways
- Court-ordered support is called spousal maintenance, and Chapter 8 sets the rules. “Alimony” is the everyday word, not the statutory one.
- Eligibility is a two-part gate. The spouse asking has to lack sufficient property — including their separate property — to meet their minimum reasonable needs on dissolution, and fit one of the statutory routes. Meeting one part is not enough.
- The test is minimum reasonable needs, not the marital standard of living. That distinction is where a great deal of these cases turn.
- The amount is capped and the duration is limited — with one exception. A court may not order monthly payments above the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Maximum periods are tied to the length of the marriage, except that the two disability-based eligibility routes carry a separate continuation rule.
- The cap is a ceiling, not a prediction. There is no average-payment formula in Texas, and reaching the maximum is not the default outcome.
- A modified order cannot exceed the original one. Modification requires a material and substantial change, cannot go beyond the original order’s amount or remaining duration, and reaches only payments accruing after the motion is filed.
- An unpaid maintenance order is enforceable, including by contempt and through a judgment for arrearages.
- An agreed support obligation is not Chapter 8 maintenance just because it is in the decree. Whether the statute’s modification and enforcement provisions apply depends on whether the obligation meets Chapter 8’s requirements.
Does Texas Have Alimony?
Yes — but not under that name, and not in the open-ended form some states use. Three different arrangements get called alimony in Texas, and the rules diverge from there.
| The word people use, and what Texas law calls it | |
|---|---|
| Spousal maintenance | The statutory term, and what a Texas court orders. Governed by Chapter 8: eligibility requirements, a capped amount, a limited duration, and statutory rules on modification and termination. This is the subject of the sections that follow. |
| Contractual alimony | Support created by the spouses’ agreement rather than awarded by a court under Chapter 8. The parties may negotiate terms that differ from the amount and duration a court could order as statutory maintenance. |
| Temporary spousal support | A different question entirely. Temporary orders while a divorce is pending address who pays what in the meantime. Receiving temporary support does not establish eligibility for maintenance after the divorce. |
“Alimony” and “spousal support” are used loosely for all three. When someone tells you what their order requires, the useful question is which of these it came from.
Does Texas Have Alimony?
Who Qualifies for Spousal Maintenance in Texas?
Eligibility is two gates, not a list of ways to qualify. A spouse has to pass both.
Yes. Texas permits post-divorce financial support, but the law calls a court-ordered award “spousal maintenance,” not alimony. People searching for Alimony and spousal support Attorneys in Texas should first determine whether their case involves statutory maintenance under Chapter 8 of the Texas Family Code or contractual alimony created through a divorce agreement.
The distinction matters because court-ordered maintenance has strict eligibility requirements, payment limits, and duration rules. Contractual alimony gives spouses more flexibility, but its terms and enforcement depend heavily on the language of the agreement. Readers in North Texas can learn more from our guide to alimony and spousal support attorneys in Fort Worth, Texas.
Gate One — The Property Test
The spouse seeking maintenance must show they will lack sufficient property — including their separate property — on dissolution of the marriage to provide for their minimum reasonable needs. This is measured against what that spouse will actually have, not against the other spouse’s income and not against the lifestyle the marriage supported. Separate property counts toward it, which is why this is not simply a question about how the community estate gets divided.
Gate Two — A Statutory Route
Passing the property test is not enough on its own. One of the following must also apply:
- A marriage of at least ten years, where the spouse seeking maintenance lacks the ability to earn enough to provide for their minimum reasonable needs. This route carries an extra hurdle — see below.
- An incapacitating physical or mental disability that prevents the spouse seeking maintenance from earning enough to meet those needs.
- Care of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents that spouse from earning enough. The child’s age does not matter for this route.
- A family-violence conviction or deferred adjudication against the other spouse for an offense committed during the marriage against that spouse or that spouse’s child, where the offense occurred within two years before the suit for dissolution was filed or while the suit is pending.
Texas Family Code §8.053 creates a rebuttable presumption that maintenance is not warranted under the ten-year route unless the requesting spouse exercised diligence in earning sufficient income or developing the skills needed to meet minimum reasonable needs. Evidence may include job applications, interviews, vocational training, licensing efforts, education, or attempts to increase working hours.
That statutory presumption applies specifically to the ten-year eligibility route. It does not govern the family-violence route or either disability-based route.
In straightforward situations, the key questions may be marriage length, available property, and present income. In more complex maintenance cases involving business income, substantial assets, disability, or disputed earning ability, the court may need detailed financial, employment, or medical evidence. Identifying the correct route early helps both spouses understand what must be proven and protects them from building a case around assumptions Texas law does not support.
Why This Matters
A long marriage does not by itself entitle anyone to maintenance, and a short one does not automatically rule it out. The question is whether the property test and one of the routes are both satisfied — which is why two people with similar-looking marriages can get very different answers.
What Can Prevent Someone From Qualifying for Spousal Maintenance in Texas?
Texas does not have a list of disqualifying events. A request fails because the eligibility framework was not satisfied, and there are four ways that happens:
- The property test is not met. The spouse will have sufficient property — including separate property — to provide for their minimum reasonable needs.
- No statutory route applies. The marriage was shorter than ten years and none of the other routes fits.
- The route’s own requirements are not satisfied — for example, a disability that does not prevent earning enough, or a family-violence offense that occurred outside the two-year window and not while the suit was pending.
- On the ten-year route, the presumption is not overcome because diligence in earning sufficient income or developing the necessary skills was not shown.
So the framing matters. The question is not what disqualifies a spouse, but which part of the framework their situation does not satisfy — and that is a question about evidence as much as about law.
Do You Have to Be Married Ten Years to Receive Spousal Maintenance?
No. Ten years is only one of the four routes to court-ordered maintenance in Texas—not a minimum marriage length that applies to every claim. Alimony and spousal support Attorneys in Texas should evaluate the specific eligibility route before treating the length of the marriage as decisive.
Under Texas Family Code §8.051, every spouse requesting maintenance must first show that they will lack sufficient property, including separate property, to meet their minimum reasonable needs after the divorce. The spouse must then qualify through one of four routes: a marriage lasting at least ten years combined with insufficient earning ability, qualifying family violence, an incapacitating disability, or responsibility for a child of the marriage whose disability requires substantial care and prevents sufficient earning.
The ten-year requirement belongs only to the insufficient-earning-ability route. A three-year marriage could support a maintenance claim when the other spouse received a qualifying family-violence conviction or deferred adjudication within the statutory period, or when one of the disability-based routes applies. The requesting spouse must still satisfy every requirement for the route being claimed.
The reverse is equally important: a marriage lasting 25 years does not guarantee support. The requesting spouse must still pass the property test, establish an inability to earn enough to meet minimum reasonable needs, and address the rebuttable presumption under Texas Family Code §8.053. Evidence of diligence may include job applications, interviews, vocational training, education, licensing efforts, or attempts to increase working hours.
In straightforward cases, marriage dates, property records, and employment information may answer the threshold questions. In more complex maintenance cases involving disability, family violence, substantial assets, or disputed earning capacity, medical, financial, and employment evidence may become central. The same Chapter 8 rules apply statewide, while families meeting with our local team can use this guide to transportation in The Woodlands to plan their visit.
How Does a Texas Court Decide Whether to Award Maintenance?
Eligibility opens the door. It does not decide the outcome. Once a spouse is eligible, the statute directs the court to weigh a list of factors in determining the nature, amount, duration and manner of payments.
Among the factors the statute lists are each spouse’s financial resources, education and employment skills, the time needed to acquire sufficient education or training, the length of the marriage, the age and employment history and earning ability and physical and emotional condition of the spouse seeking maintenance, contributions as a homemaker, contributions to the other spouse’s education or earning power, whether either spouse improperly used or disposed of community property, marital misconduct, and any history of family violence. These are considerations, not a scoring system — the statute does not assign them weights, and two courts can weigh the same facts differently.
How Much Spousal Maintenance Can a Texas Court Order?
A court may not order maintenance requiring monthly payments of more than the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income. Whichever figure is lower controls.
That is a statutory maximum, not a predicted award. It is the ceiling on what a court is permitted to order — not a target, not a starting point, and not what an eligible spouse should expect. A court can order less, because the amount comes from the statutory factors applied to the evidence.
What Is the Average Alimony Payment in Texas?
Texas has no official average alimony payment or formula that predicts what a spouse will receive. Alimony and spousal support Attorneys in Texas should begin with eligibility and the statutory maximum—not a statewide average that may have little connection to a particular marriage.
Under Texas Family Code §8.055, court-ordered maintenance cannot exceed the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. For someone earning $12,000 per month in average gross income, $2,400 would be the ceiling—not the expected award. The court could order less, and it cannot order maintenance unless the requesting spouse first proves eligibility.
After eligibility is established, Texas Family Code §8.052 directs the court to consider each spouse’s financial resources, education, employment skills, earning ability, age, health, marital contributions, misconduct, and history of family violence. Budgets, tax returns, pay records, property inventories, medical documentation, and employment history can affect the court’s decision. The evidence—not an average-payment chart—helps determine the nature, amount, duration, and manner of payments.
Contractual alimony is different because the spouses negotiate the payment through their divorce settlement. In straightforward situations, regular wages and a documented budget may make the financial analysis easier. In more complex maintenance cases involving business income, bonuses, retirement benefits, substantial property, or disputed expenses, both the statutory ceiling and the spouse’s actual needs may require closer examination.
The honest sequence is to establish eligibility, calculate the maximum permitted amount, present the relevant evidence, and allow the court to decide within that boundary. Anyone quoting an “average Texas alimony payment” is describing selected outcomes rather than a formula judges must apply. Because the length of the obligation is a separate question, our guide explains how long spousal maintenance can be ordered in a Texas divorce.
Texas Alimony Calculator
Explore Our Texas Alimony Calculator
Want to explore how income and other information may relate to spousal support? Our Texas Alimony Calculator is an educational tool you can use alongside the information on this page.
The calculator is for general educational purposes. It does not determine eligibility for spousal maintenance, predict what a court will award, or replace an attorney’s review of your circumstances.
Use the Texas Alimony Calculator →
Learn the Texas rules first: see the eligibility and amount sections above.
Listen to Our Texas Family Law Podcast
Prefer listening? In this episode, we explain alimony and spousal support in Texas, including how spousal maintenance works, who may qualify, and what factors courts may consider when determining support.
How Long Can Spousal Maintenance Last in Texas?
The maximum period is tied to how long the marriage lasted, with a separate rule where a disability is involved.
| Maximum duration, by the situation | |
|---|---|
| Marriage under ten years, eligibility resting on the family-violence route | Up to five years |
| Marriage of at least ten but not more than twenty years | Up to five years |
| Marriage of at least twenty but not more than thirty years | Up to seven years |
| Marriage of thirty years or more | Up to ten years |
| Eligibility resting on the spouse’s incapacitating disability, or on care of a child of the marriage whose disability prevents sufficient earning | As long as that spouse continues to satisfy that eligibility ground, subject to review and to modification |
These are maximums, and the statute pushes shorter. A court is directed to order maintenance for the shortest reasonable period that allows the spouse seeking it to earn sufficient income to meet their minimum reasonable needs — unless a disability, the duties of caring for a young child of the marriage, or another compelling impediment makes that impracticable.
These are maximums, and the statute pushes shorter. A court is directed to order maintenance for the shortest reasonable period that allows the spouse seeking it to earn sufficient income to meet their minimum reasonable needs — unless a disability, the duties of caring for a young child of the marriage, or another compelling impediment makes that impracticable.
Court-Ordered Maintenance Compared With Contractual Alimony
An agreement is not the same thing as a maintenance award under Chapter 8, and the distinction runs through eligibility, amount, duration, modification and enforcement alike. Spouses can settle a divorce by agreeing that one will pay the other after it is final. That obligation comes from their agreement rather than from a court applying the statute.
| Court-ordered spousal maintenance | Contractual alimony | |
|---|---|---|
| Where it comes from | A court order under Chapter 8 | The spouses’ own agreement |
| Eligibility | The two-part statutory gate must be satisfied | Negotiated. A spouse who would not qualify for maintenance can still agree to receive support |
| Amount | Capped at the lesser of $5,000 or 20 percent of average monthly gross income | Set by the agreement. The statutory cap does not govern it the same way |
| Duration | Limited by the statutory framework above | Set by the agreement, which can run longer than the statute would allow a court to order |
| Modification | Under §8.057, on a material and substantial change, and the modified order may not exceed the original order’s amount or remaining duration | Approving the agreement and incorporating it into the decree does not by itself make it subject to Chapter 8’s termination and modification provisions. Contract principles govern instead |
| Enforcement | Enforceable as a court judgment — contempt, a judgment for arrearages, and withholding from earnings | A debt enforceable as a contract. Contempt is not available for an obligation that exceeds the paying spouse’s legal duty, and withholding from earnings is unavailable unless the agreement itself permits it |
Why the label matters. The Texas Supreme Court has explained that an order requiring spousal support does not award spousal maintenance under Chapter 8 unless it complies with the statute’s eligibility, duration, termination and other requirements. Approving a voluntary support agreement and incorporating it into a divorce decree does not, by itself, transform contractual support into Chapter 8 maintenance. Chapter 8 maintenance is enforceable as a court judgment; an agreed support obligation that falls outside Chapter 8 is a debt enforceable as a contract. The court applied that distinction in Dalton v. Dalton to hold that wage withholding was not available to enforce an agreed support obligation that did not qualify as Chapter 8 maintenance.
There is a middle case worth knowing about. Spouses can agree to a maintenance order made under Chapter 8, and such an order can require payments beyond what a court could have ordered on its own. But Chapter 8’s enforcement tools reach only as far as the statute would have allowed — contempt and withholding are unavailable for the portion of an agreed order that exceeds the amount or period a court could have ordered. So the practical question is not where the obligation appears, but what it legally is.
What About Temporary Spousal Support While a Divorce Is Pending?
That is a separate question from post-divorce maintenance, decided under different rules and on a different timeline. Temporary orders during a case address who pays what while the divorce is pending. Being awarded temporary support does not establish eligibility for maintenance after the divorce, and being denied it does not foreclose a maintenance claim. The two decisions are made at different points, on different records.
Can Spousal Maintenance Be Modified?
Yes. A Texas court may modify a spousal-maintenance order after a material and substantial change in the circumstances of either former spouse, but the change is not automatic. Alimony and spousal support Attorneys in Texas should evaluate both the new circumstances and the limits of the original order before recommending a modification request.
Under Texas Family Code §8.057, involuntary job loss, a significant income change, a serious health condition, or changed disability-related caregiving needs may support a request. None of these events guarantees relief. The spouse seeking modification must present evidence showing why the change is material and how it affects the need for maintenance or the ability to pay.
The original order remains the outer boundary. A modified order cannot exceed the amount or remaining duration permitted by the order being changed, and modification applies only to payments accruing after the motion is filed. A private agreement does not replace a signed court order, so reducing or stopping payments without court approval can allow arrearages to accumulate.
In straightforward situations, pay records, termination documents, medical bills, or updated budgets may show what changed. More complex cases involving business income, disability, or disputed financial records may require tax returns, business statements, medical evidence, or expert analysis; contractual alimony also requires separate review because modification depends largely on the agreement’s language. Acting promptly and keeping organized records can protect your position, while our guide to the current state of alimony in Texas provides additional context.
When Does Spousal Maintenance End?
Two different mechanisms end maintenance, and they do not work the same way.
The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the person receiving it. That happens by operation of the statute.
Cohabitation is different. After a hearing, the court terminates maintenance if it finds the recipient cohabits with another person with whom they have a dating or romantic relationship in a permanent place of abode on a continuing basis. That requires a hearing and a finding — it does not happen automatically merely because someone begins a new relationship.
And termination ends future maintenance. Maintenance that already accrued and was not paid survives it, which matters to anyone assuming a remarriage wipes the slate clean.
What Happens if Spousal Maintenance Is Not Paid?
A maintenance order is a court order, and Chapter 8 gives it teeth. This is the part of the subject that gets the least attention until something goes wrong, and then it is the only part that matters.
A court may enforce its maintenance order by contempt. Chapter 8 also permits contempt for certain court-approved agreements for periodic spousal maintenance made under the terms of that chapter, subject to statutory limits — contempt is not available for a provision of an agreed order that exceeds the amount or period the court itself could have ordered. Separately, a court can render a judgment for arrearages, and that judgment can be enforced by the means available for enforcing a judgment for debt, including an order or writ of withholding from earnings.
For a court-ordered maintenance obligation, a payment not timely made constitutes an arrearage, and Chapter 8 provides remedies for enforcing the order. An agreed obligation that falls outside Chapter 8 is different: it is a debt enforceable as a contract, contempt is not available for the part that exceeds the paying spouse’s legal duty, and withholding from earnings is unavailable unless the agreement itself permits it. So the route available depends on what the obligation legally is, not on where it appears.
Seven Assumptions Worth Correcting
| The assumption, and what Texas law does | |
|---|---|
| “Texas does not have alimony at all.” | Texas has a statutory spousal-maintenance system with specific eligibility requirements and limits on amount and duration, and spouses can also agree to support by contract. |
| “Support should let me keep the lifestyle I had.” | The statutory test is minimum reasonable needs, not the standard of living during the marriage. Those are different questions with different answers. |
| “We were married a long time, so I will get support.” | Length of marriage opens one route. It does not satisfy the separate property test, and that route also carries a rebuttable presumption against maintenance unless diligence is shown. |
| “It was a short marriage, so maintenance is off the table.” | The family-violence route and the two disability-based routes do not depend on the ten-year threshold. Only the ten-year route does. |
| “The cap tells me what I will receive.” | The lesser of $5,000 or 20 percent is the maximum a court may order, not a predicted award. The amount within it comes from the statutory factors and the evidence. |
| “My circumstances got worse, so I can ask for more.” | A modification requires a material and substantial change, and the modified order cannot exceed the amount or remaining duration the original order allowed. It also reaches only payments accruing after the motion is filed. |
| “My ex moved in with someone, so maintenance is over.” | Death and remarriage terminate future maintenance by statute. Qualifying cohabitation requires a hearing and a finding before the court terminates it. |
Before You Call
You do not need this complete. These are the facts that decide whether maintenance is available and what a court could order.
- The date you married and the date you separated or filed.
- What property each of you owns, including any separate property, what debts exist, and what property division is being proposed.
- Current income for both of you, and how it is earned.
- Your own earning history, education and any gap in employment.
- Any disability affecting you or a child of the marriage, and the care it requires.
- Any family-violence conviction, deferred adjudication or protective order, and its date.
- Any existing order or written agreement about support — and whether it came from a court or from a settlement.
- If payments have stopped: what was owed, what was paid, and when.
Meet an Attorney
Statewide Family Law Guidance
Kimberly P. Washington
Senior Managing Attorney · Family Law
A maintenance question is not really a question about maintenance alone. It turns on what property each spouse will have, what each can earn, how long the marriage lasted, and what an existing order or agreement already says — the same facts that shape the rest of a divorce.
Kimberly’s focus at the firm is complex divorce strategy, high-conflict custody and case oversight, including business and asset division and the financial and property issues that come with it. She represents clients in courts throughout Texas. If your situation involves those questions, her profile is a useful next step.
Texas Legal Sources and Resources
This guide is based on the Texas Family Code and on official Rockwall County publications. The chapters below are described by the job each one does.
Texas Family Code
- Chapter 8 — maintenance: eligibility, the factors a court weighs, duration, amount, termination, modification, arrearages, enforcement and withholding from earnings
- Chapter 7 — division of property on divorce
- Chapter 9 — post-decree enforcement and clarification, and the limits on changing a property division after divorce
Rockwall County Resources
- Rockwall County Courts
- Rockwall County administrative order — case assignment, including the docketing of family-law cases
- Rockwall County general orders and policies — where the county publishes its standing orders
- Texas family law courts resource
Authorities reviewed as of September 2026. Statutes and case law can change, and this page is general information rather than advice about your situation.
Conclusion:
Understanding whether your case involves court-ordered maintenance or contractual alimony is the first step toward making a sound financial decision. The distinction affects eligibility, payment limits, duration, modification, and enforcement. Alimony and spousal support Attorneys in Texas can help you identify the governing rules before you agree to terms or build expectations around support a court may not have authority to order.
In straightforward situations, the central questions may involve marriage length, available property, earning ability, or the terms of a proposed agreement. More complex cases may involve business income, substantial assets, retirement benefits, disability, family violence, unpaid support, or a requested modification. The right level of legal guidance depends on both the financial evidence and the type of obligation involved.
The Law Office of Bryan Fagan, PLLC helps Texas families organize the facts, understand their options, and choose a strategy suited to their circumstances. If you are still determining whether the statutory requirements apply, begin with our comprehensive guide to Texas spousal maintenance eligibility. Clear information cannot decide the case for you, but it can help you protect your financial future and move forward with greater confidence and peace of mind.
About the Author
Texas Family Law Attorney & Founder
Bryan Fagan
Founder, Law Office of Bryan Fagan, PLLC
Bryan Fagan is the founder of the Law Office of Bryan Fagan, PLLC and a Texas family law attorney who has represented families in divorce, child custody, property division and other family-law matters since 2012. He has built the firm around helping clients understand their legal options, develop a clear strategy, and make informed decisions during difficult family transitions.
Bryan also develops educational resources intended to make Texas family law easier to understand. This article is part of the firm’s educational resources, and its purpose is to help readers see which kind of support is in question, who qualifies for spousal maintenance in Texas, and what a court can order.
About Our Firm
The Law Office of Bryan Fagan, PLLC has served Texas families since 2012 through a network of local offices across the state. A maintenance question is closely connected to the divorce and to the evidence about property, income, earning ability, and the circumstances supporting the request.
For the firm’s history, values and full attorney roster, see about the Law Office of Bryan Fagan.
Texas Spousal Maintenance
Find Out Whether Maintenance Applies to Your Case
Tell us how long you were married, what property is available to each of you, what each of you earns, and what circumstances are affecting the request for support. We can help you understand whether maintenance is available, what a court could order, and how an agreement would change the analysis — whether you are seeking support or being asked to pay it.
This page provides general information about Texas law and the Law Office of Bryan Fagan, PLLC. It is not legal advice, and reading it does not create an attorney-client relationship. Whether a particular approach is appropriate depends on your circumstances.
Frequently Asked Questions
Through an agreement, yes. The statutory eligibility gate governs what a court can order, not what spouses can agree to as part of settling a divorce. That is one reason the distinction between court-ordered maintenance and an agreed arrangement matters at the negotiating stage.
Filing first does not create or defeat a maintenance claim. Marital misconduct is among the factors a court may weigh once a spouse is eligible, but it does not open the eligibility gate on its own — the property test and a statutory route still have to be satisfied.
Remarriage of the person receiving maintenance terminates the obligation to pay future maintenance. Amounts that already accrued and were not paid are not erased by that termination, and a court can render a judgment for arrearages.
