Texas courts can order spousal maintenance only in limited cases, and it is capped at the lesser of $5,000 a month or 20% of the paying spouse’s average monthly gross income. Most support in Texas is negotiated as contractual alimony instead. Keith Powell, CDFA® CFP®, helps you document your needs and model what a fair settlement looks like after tax.
Understanding Spousal Support (Alimony) in Texas
Navigating a divorce can be emotionally and financially challenging, and understanding how spousal support—often called alimony or spousal maintenance—works in Texas is essential. Texas laws around spousal support are unique and often misunderstood, making it crucial to have clear, accurate guidance.
At Austin Divorce Planners, Keith Powell specializes in helping Texans understand spousal support, offering personalized financial planning and clear strategies to secure your financial future.
Is Spousal Support Common in Texas?
No. Texas is one of the most restrictive states in the country for court-ordered spousal support. It is never automatic: the spouse asking for it must prove financial need, meet strict eligibility rules, and show they are working toward supporting themselves.
In Keith’s 30+ years working with divorcing clients, he has rarely seen a Texas judge award maintenance. That’s why most support in Texas is negotiated between spouses as part of the settlement — and why the numbers you bring to that negotiation matter so much.
Watch Keith in the video here explain what that means for your divorce.
The Two Types of Spousal Support in Texas
Texas recognizes two kinds of post-divorce support. They follow different rules, and knowing which one you’re dealing with shapes your whole strategy.
| Court-ordered maintenance | Contractual alimony | |
|---|---|---|
| Who decides | A Texas family court judge | The spouses, in their settlement agreement |
| Eligibility | Strict statutory tests (§8.051) | None — whatever both spouses agree to |
| Amount | Capped at $5,000/month or 20% of gross income | No statutory cap |
| Duration | 5, 7 or 10 years maximum, by length of marriage | Set by the agreement |
| How common | Rare | The usual route to support in Texas |
Taxes: For divorces finalized after 2018, alimony is not deductible by the payer and not taxable to the recipient. Read: Alimony and taxes in a 2026 Texas divorce
When is Spousal Support Awarded in Texas? (Tex. Fam. Code §8.051)
Texas courts may award spousal support if the requesting spouse meets certain criteria:
Lacks sufficient property or income to meet minimum reasonable needs after divorce, AND at least one of these criteria is met:
- The paying spouse was convicted (or received deferred adjudication) of family violence within two years before filing or during the divorce.
- The marriage lasted 10 years or longer, and the requesting spouse lacks sufficient earning ability.
- The requesting spouse has a physical or mental disability preventing sufficient income.
- The requesting spouse cares for a child with significant physical or mental disabilities.
- Under §8.053, the spouse requesting support must show they’ve tried to earn income or develop skills.
When Can a Texas Court Order Spousal Maintenance?
Under Texas Family Code §8.051, the requesting spouse must clear one threshold test and meet at least one of four conditions.
Required in every case
The spouse will lack enough property after the divorce — including their share of the marital estate — to meet their minimum reasonable needs.
And at least one of these
Family violence
The paying spouse was convicted of, or received deferred adjudication for, family violence within two years before filing or while the case is pending.
10+ year marriage
The marriage lasted 10 years or more and the requesting spouse can't earn enough to meet minimum reasonable needs.
Spouse's disability
A physical or mental disability keeps the requesting spouse from earning enough to meet their needs.
Child with a disability
The requesting spouse cares for a child of the marriage whose disability prevents them from earning enough.
The diligence test: For the 10-year-marriage route, Texas presumes maintenance isn't warranted unless the requesting spouse shows they've been diligently looking for work or building the skills to support themselves (§8.053). How to prepare your spousal support case
How Long Does Spousal Support Last in Texas?
Determining how long spousal support may last is a critical part of financial planning during divorce. In Texas, the duration of spousal support is clearly defined by law, based primarily on the length of the marriage and specific circumstances such as family violence or disabilities. Understanding these duration guidelines can help you set realistic expectations and plan effectively for your financial future.
Texas Family Code §8.054 sets hard limits based on how long you were married. These are maximums — courts must order the shortest period that’s reasonable for the spouse to become self-supporting.
| Length of marriage | Maximum duration |
|---|---|
| Under 10 years, with family violence | 5 years |
| 10–20 years | 5 years |
| 20–30 years | 7 years |
| 30+ years | 10 years |
| Disability (spouse or child) | As long as eligibility continues |
Courts must order the shortest period reasonable for the spouse to become self-supporting (§8.054)
How Much Spousal Support Can You Get in Texas?
Texas Family Code §8.055 caps court-ordered maintenance at whichever is lower: $5,000 per month, or 20% of the paying spouse’s average monthly gross income.
The cap is a ceiling, not a target. The judge sets the amount from the requesting spouse’s minimum reasonable needs — which is where a detailed, documented budget makes the difference.
Contractual alimony isn’t bound by this cap, so a well-supported needs analysis can justify a higher negotiated figure.
| Payer’s gross / month | Max award |
|---|---|
| $8,000 | $1,600 |
| $15,000 | $3,000 |
| $25,000 | $5,000 |
| $40,000 | $5,000 (cap) |
How a Divorce Financial Planner Helps With Spousal Support
Your attorney handles the legal argument. Keith builds the financial case behind it — whether you're asking for support or being asked to pay it.
A documented needs budget
Line-by-line post-divorce expenses that show the court, or your spouse, what "minimum reasonable needs" actually costs. Budget planning →
After-tax settlement modeling
Side-by-side projections of each proposal 5, 10 and 20 years out, so you see real cash flow, not just headline numbers.
Support vs. property trade-offs
Sometimes a larger share of the house or retirement accounts beats monthly payments. We run the numbers both ways. Asset division →
Get Started Now
Take the first step toward financial confidence—explore our services or schedule a consultation with Austin Divorce Planners today.
Austin Divorce Planners offers an exclusive intro consultation with our seasoned financial experts for only $100. Have a question on how this works? Give us a call!