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Divorce is rarely simple, and for many people in San Antonio and throughout Texas, one of the most pressing questions is whether they will receive, or be required to pay, spousal maintenance after the marriage ends. The answer is not automatic. Texas has some of the most restrictive spousal maintenance laws in the country, and qualifying for support requires meeting specific legal thresholds defined by the Texas Family Code.
Understanding how these rules work can help you set realistic expectations and prepare for what lies ahead.
What Is Spousal Maintenance in Texas?
Spousal maintenance is court-ordered financial support paid by one spouse to the other after divorce, available only when strict legal criteria are met.
Texas law draws a clear line between two types of post-divorce support: contractual alimony and court-ordered spousal maintenance. Contractual alimony is a private agreement reached between divorcing spouses, typically as part of a settlement. Courts do not enforce it the same way they enforce a court order, but it can be formalized in the divorce decree.
Court-ordered spousal maintenance, governed by Chapter 8 of the Texas Family Code, is what most people mean when they ask about alimony. This type of support is far harder to obtain because the requesting spouse must satisfy eligibility requirements before a court will even consider the amount or duration of payments.
Who Qualifies for Spousal Maintenance in Texas?
To qualify, a spouse must lack sufficient property to meet minimum reasonable needs and meet at least one of four specific statutory conditions under Texas law.
Under Texas Family Code Section 8.051, a spouse seeking maintenance must first demonstrate that they lack enough property, including their share of the marital estate, to provide for their own minimum reasonable needs after divorce.
Beyond that threshold, at least one of the following conditions must also apply:
- The paying spouse was convicted of or received deferred adjudication for a family violence offense against the other spouse or the couple’s child within two years before the divorce was filed, or while the divorce was pending.
- The marriage lasted at least ten years and the requesting spouse cannot earn enough income to meet their minimum reasonable needs due to a physical or mental disability, caring for a child of the marriage who requires substantial care because of a disability, or a lack of earning ability.
The ten-year marriage requirement is significant. Many spouses assume they will receive support simply because the marriage was long or one party earned significantly more. Texas courts do not see it that way. Length of marriage alone is not enough.
How Much Spousal Maintenance Can a Texas Court Award?
Texas caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
The amount a court awards is limited by statute. Per Texas Family Code Section 8.055, the maximum award cannot exceed the lesser of $5,000 per month or 20 percent of the obligor spouse’s average monthly gross income. Courts look at both parties’ financial circumstances, employment history, and earning capacity when deciding the actual amount within that cap.
Maintenance awards in Texas are also time-limited. The duration depends largely on how long the marriage lasted:
- Marriages of 10 to 20 years: maintenance for up to 5 years
- Marriages of 20 to 30 years: maintenance for up to 7 years
- Marriages of 30 or more years: maintenance for up to 10 years
- Cases involving family violence: maintenance for up to 5 years, regardless of marriage length
Courts generally favor the shortest reasonable period that allows the receiving spouse to develop the skills or employment needed to become self-supporting. The law reflects a strong public policy preference for financial independence after divorce.
What Factors Do Texas Courts Consider?
Texas courts weigh earning ability, job skills, education, age, health, and each spouse’s financial resources when setting a maintenance award.
Even when a spouse meets the eligibility requirements, the court has broad discretion in determining whether to award maintenance and in what amount. Under Texas Family Code Section 8.052, courts evaluate factors including:
- Each spouse’s ability to meet their own needs independently
- Education level and employability of the requesting spouse
- The duration of the marriage and contributions made by each party
- Age, employment history, and earning ability
- Physical and emotional health of both spouses
- Whether either spouse wasted marital assets or engaged in misconduct
Marital misconduct, such as adultery or cruelty, can influence the court’s decision. Texas is a no-fault divorce state, but fault grounds can still be raised and may affect both property division and spousal maintenance determinations.
Can Spousal Maintenance Be Modified or Terminated?
Yes. Texas courts can modify or terminate spousal maintenance if circumstances change significantly, or if the receiving spouse remarries or cohabitates.
Maintenance orders are not necessarily permanent. Under Texas Family Code Section 8.057, either party can seek modification if there has been a material and substantial change in circumstances. Maintenance also terminates automatically if the receiving spouse remarries or if a court finds that the receiving spouse is cohabitating with a romantic partner in a permanent household. The paying spouse must petition the court to terminate maintenance in that situation rather than simply stopping payments.
Speak With a Texas Family Law Attorney
Spousal maintenance cases in Texas involve nuanced legal standards that can significantly affect your financial future. Whether you are seeking support or concerned about being ordered to pay it, the outcome of your case depends on the specific facts, your financial circumstances, and how the law applies to your situation.
At the Law Offices of S. Dylan Pearcy, we represent clients in San Antonio and the surrounding areas through the full range of family law matters, including divorce and spousal maintenance disputes. If you have questions about your case, contact us or call us at 210-953-7486 to schedule a consultation.
