How does alimony work in Texas?

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Texas has historically been hostile to alimony, and court-ordered spousal maintenance under Texas Family Code Chapter 8 remains tightly limited.

1. Eligibility — Threshold Requirements (§ 8.051)

The court may order maintenance only if the spouse seeking it lacks sufficient property to provide for "minimum reasonable needs" AND one of the following applies:

The other spouse was convicted of or received deferred adjudication for family violence within 2 years before filing or during the divorce; OR

The marriage lasted 10 years or longer AND the spouse cannot earn enough to meet minimum reasonable needs; OR

The spouse has an incapacitating physical or mental disability; OR

The spouse is the custodian of a child requiring substantial care due to disability.

2. Cap on Amount (§ 8.055)

Monthly maintenance may not exceed the lesser of $5,000 or 20% of the obligor's average monthly gross income. This is a hard cap — courts cannot exceed it even by agreement (though parties can contract for more privately).

3. Duration Caps (§ 8.054)

Marriage 10-20 years: maximum 5 years

Marriage 20-30 years: maximum 7 years

Marriage 30+ years: maximum 10 years

Family violence (no 10-year requirement): maximum 5 years

Disability (spouse or child): may continue as long as the disability persists

In all cases, courts must order maintenance for the shortest reasonable period allowing the recipient to earn sufficient income (§ 8.054(a)(2)).

4. Factors (§ 8.052)

Court considers each spouse's ability to provide, education and employment skills, duration of the marriage, age and health, contributions as homemaker, marital misconduct (including adultery and cruelty), and family violence history.

5. Modification & Termination

Modifiable on a material and substantial change of circumstances (§ 8.057).

Terminates on death of either party, remarriage of the recipient, or cohabitation with a romantic partner (§ 8.056).

6. Contractual Alimony

Parties may agree to alimony exceeding statutory limits in a mediated settlement agreement or contractual alimony — these are enforced as contracts, not as Chapter 8 maintenance.

This is legal information, not legal advice.