$5,000
Maximum court-ordered maintenance per month
5–10 yrs
Maximum duration, based on length of marriage
20%
Of the payer’s average monthly gross income, if lower
$100
Initial consultation with Keith Powell
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.
Spouse’s disability
A physical or mental disability keeps the requesting spouse from earning enough to meet their needs.
10+ year marriage
The marriage lasted 10 years or more and the requesting spouse can’t earn enough to meet minimum reasonable 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?
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.
Maintenance also ends if either spouse dies or the recipient remarries, and it can end if the recipient lives with a romantic partner in a dating relationship.
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 →
Spousal Support in Texas: Frequently Asked Questions
How much spousal maintenance can a Texas court order?
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.
How long does spousal maintenance last in Texas?
Generally up to 5 years for marriages of 10 to 20 years (or shorter marriages involving family violence), up to 7 years for 20 to 30 years, and up to 10 years for 30 years or more. Courts must order the shortest reasonable period. Maintenance based on a disability can continue as long as the eligibility criteria are met.
What is the difference between spousal maintenance and contractual alimony in Texas?
Spousal maintenance is ordered by a judge and limited by statute. Contractual alimony is negotiated between the spouses in the settlement, so the amount and duration are not subject to the statutory caps.
Is alimony taxable in Texas?
For divorces finalized after 2018, alimony is not deductible by the paying spouse and is not taxable income to the receiving spouse for federal tax purposes. Texas has no state income tax.
Is spousal support common in Texas?
No. Texas is one of the most restrictive states for court-ordered maintenance, and judges award it rarely. Most support in Texas is negotiated as contractual alimony as part of a settlement.
How can a divorce financial planner help with spousal support?
A Certified Divorce Financial Analyst documents your minimum reasonable needs with a detailed budget, models settlement options after tax, and shows how support trades off against property such as the home or retirement accounts. The initial consultation at Austin Divorce Planners is $100.
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