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Quick Answer
Spousal support (alimony) in Texas is not automatic — courts consider factors like marriage length, each spouse's income, and standard of living. Texas calls it "spousal maintenance" and limits it to specific situations — generally marriages of 10+ years where the requesting spouse lacks sufficient property and earning ability.
Understanding spousal support & alimony in Texas is one of the most important steps in your divorce preparation. This guide covers what Texas law requires, what to expect, and how to prepare — in plain language, not legalese.
Section · 01
Texas recognizes temporary spousal support (during the divorce) and court-ordered spousal maintenance (after the divorce). Maintenance is limited — generally capped at $5,000 per month or 20% of the paying spouse's gross income, whichever is less. Contractual alimony (agreed between spouses) has no statutory cap.
Section · 02
When determining spousal support in Texas, courts consider: the length of the marriage, each spouse's earning capacity, the standard of living during the marriage, each spouse's age and health, contributions to the marriage (including homemaking and supporting the other's career), and whether the requesting spouse has been convicted of family violence. Texas also requires the requesting spouse to show they cannot meet minimum reasonable needs.
Section · 03
Texas limits spousal maintenance duration based on marriage length: up to 5 years for marriages of 10-20 years, up to 7 years for marriages of 20-30 years, and up to 10 years for marriages of 30+ years. The obligation ends upon remarriage or cohabitation of the receiving spouse.
Section · 04
Spousal support can generally be modified if there's a substantial change in circumstances. Texas maintenance automatically terminates if the receiving spouse remarries or cohabits with a romantic partner. The paying spouse can petition for modification based on changed circumstances. Keeping accurate financial records is essential for any modification request — DIVORSAY's Evidence Vault helps you organize this documentation.
What Makes Texas Different
Texas has some of the strictest limitations on spousal maintenance in the country: capped at $5,000/month or 20% of gross income, with strict duration limits. This makes Texas one of the least generous states for alimony.
FAQ
Texas limits spousal maintenance to the lesser of $5,000/month or 20% of the paying spouse's average monthly gross income. Courts consider marriage length, each spouse's financial resources, education, employment skills, and any family violence. Use ClearSplit to model different support scenarios.
Texas limits duration: up to 5 years for marriages of 10-20 years, up to 7 years for 20-30 years, and up to 10 years for 30+ years. Maintenance ends automatically upon remarriage or cohabitation.
Yes, either party can seek modification based on a material and substantial change in circumstances. Maintenance automatically terminates if the receiving spouse remarries or cohabits with a romantic partner.
Yes, adultery can be a factor. If a spouse committed adultery, the court may consider this when determining whether to award maintenance and how to divide property.
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Notice
This is legal information, not legal advice. We’re here to help you understand your landscape — but for guidance specific to your situation, talk to a family law attorney in Texas. You deserve someone in your corner.