Spousal Maintenance Eligibility in Texas

Texas has one of the most restrictive spousal maintenance statutes in the country. Unlike many states where courts have broad discretion to award alimony based on need and ability to pay, Texas imposes strict eligibility requirements, hard caps on the amount and duration of maintenance, and a clear preference for limiting post-divorce financial obligations between former spouses. Understanding these rules is essential for anyone going through a divorce in Texas who may need — or may be asked to pay — spousal support.

For a national overview of alimony and spousal support, see our guide on how alimony works.

Court-Ordered Maintenance vs. Contractual Alimony

Texas law distinguishes between two very different forms of post-divorce spousal support:

Court-Ordered Spousal Maintenance

Court-ordered spousal maintenance is governed by Texas Family Code Chapter 8 (TFC Sections 8.001-8.055). This is support ordered by the court after a contested hearing. It is subject to strict eligibility requirements, dollar caps, and duration limits. This article primarily addresses court-ordered maintenance.

Contractual Alimony

Contractual alimony is an agreement between the spouses, typically included in a divorce settlement agreement or mediated settlement. Because it is a contract rather than a court order, contractual alimony is not subject to the TFC Chapter 8 eligibility requirements, caps, or duration limits. The parties can agree to any amount, for any duration, on any terms they choose.

Key differences between the two:

Strict Eligibility Requirements: TFC 8.051

To be eligible for court-ordered spousal maintenance, the requesting spouse must demonstrate that they will lack sufficient property at the time of divorce to provide for their minimum reasonable needs, AND must meet at least one of the following conditions under TFC Section 8.051:

1. Family Violence (TFC 8.051(1))

The paying spouse was convicted of or received deferred adjudication for a criminal act of family violence against the requesting spouse or the requesting spouse’s child within two years before the date the divorce was filed, or while the divorce is pending.

This is a significant ground. A family violence finding not only establishes eligibility for maintenance but also removes many of the restrictions that otherwise apply.

2. Ten-Year Marriage Duration (TFC 8.051(2))

The marriage lasted at least 10 years, and the requesting spouse lacks the ability to earn sufficient income to provide for their minimum reasonable needs. This is the most commonly invoked basis for maintenance eligibility.

For this ground, the court considers whether the requesting spouse:

• Has made diligent efforts to earn sufficient income or develop necessary skills during the pendency of the divorce
• Has made diligent efforts to develop skills during the marriage but was unable to do so

3. Disability of the Requesting Spouse (TFC 8.051(3))

The requesting spouse has an incapacitating physical or mental disability that prevents them from earning sufficient income to provide for their minimum reasonable needs.

4. Custodial Parent of a Disabled Child (TFC 8.051(4))

The requesting spouse is the custodial parent of a child of the marriage (regardless of the child’s age) who requires substantial care and personal supervision because of a physical or mental disability, and that responsibility prevents the requesting spouse from earning sufficient income.

If the requesting spouse does not meet any of these four conditions, the court cannot award spousal maintenance, regardless of financial need or the disparity in incomes.

The $5,000/Month Cap

Under TFC Section 8.055, the amount of court-ordered spousal maintenance is capped at the lesser of:

• $5,000 per month, OR
• 20% of the paying spouse’s average monthly gross income

This cap applies regardless of the parties’ standard of living during the marriage. A spouse who was accustomed to a $30,000/month lifestyle during the marriage is limited to $5,000/month in court-ordered maintenance.

The cap is one of the most distinctive features of Texas spousal maintenance law and is significantly lower than what courts in many other states can award.

Duration Limits by Marriage Length

TFC Section 8.054 imposes maximum duration limits on court-ordered maintenance, based on the length of the marriage:

These are maximum durations. The court may order maintenance for a shorter period if the circumstances warrant it.

There are two exceptions to the duration limits:

1. Disability of the requesting spouse: If eligibility is based on the requesting spouse’s incapacitating disability, the court may order maintenance for an indefinite period. However, the maintenance is subject to modification if the disability improves.
2. Custodial parent of a disabled child: If eligibility is based on caring for a disabled child, maintenance may continue as long as the condition persists.

Factors the Court Considers

When determining the amount and duration of maintenance (within the statutory limits), the court considers several factors under TFC Section 8.052:

• Each spouse’s ability to provide for their minimum reasonable needs independently
• The education and employment skills of the requesting spouse, and the time necessary to acquire sufficient training
• The duration of the marriage
• The age, employment history, earning ability, and physical and emotional condition of the requesting spouse
• The effect of child support obligations on the paying spouse’s ability to pay maintenance
• Whether either spouse engaged in excessive or unusual expenditures, destruction, or concealment of community property or assets
• Contributions by one spouse to the education, training, or increased earning power of the other spouse
• Property brought to the marriage by either spouse
• The contribution of a spouse as a homemaker
• Any history of family violence

Modification and Termination

Court-ordered spousal maintenance can be modified or terminated under certain circumstances:

Modification

Either party can file a motion to modify maintenance if there has been a material and substantial change in circumstances. Common grounds include:

• A change in the paying spouse’s income or ability to pay
• A change in the receiving spouse’s income, employment, or needs
• The receiving spouse’s failure to make diligent efforts toward self-support

Automatic Termination

Under TFC Section 8.056, court-ordered maintenance automatically terminates upon:

• The death of either party
• The remarriage of the receiving spouse
• A court finding that the receiving spouse is cohabiting with another person in a dating or romantic relationship on a continuing, conjugal basis

The cohabitation provision is significant. Unlike some states where cohabitation merely permits modification, in Texas it triggers automatic termination. The paying spouse must file a motion and obtain a court finding, but once cohabitation is established, termination is mandatory.

Practical Realities

The restrictive nature of Texas spousal maintenance law has several practical implications:

• Contractual alimony is often more important. Because court-ordered maintenance is so limited, negotiations over contractual alimony in settlement agreements frequently become a central issue in Texas divorces.
• Property division matters more. In states with generous alimony, the requesting spouse may accept a smaller property share in exchange for ongoing support. In Texas, where maintenance is limited, the property division must do more of the work to ensure a fair outcome.
• Self-sufficiency is expected. Texas law reflects a strong policy preference that divorced spouses become self-supporting as quickly as possible. The requesting spouse’s efforts toward self-sufficiency are a significant factor in both initial awards and modifications.
• Negotiation leverage differs. The $5,000/month cap and strict duration limits give the higher-earning spouse significant leverage in settlement negotiations, since the worst-case court outcome is relatively limited.

For more on spousal support modification, see our article on child support modification in Texas.

What to Do Next

If spousal maintenance is an issue in your Texas divorce, understanding your options early can shape the entire case:

1. Determine eligibility. Assess whether you meet one of the four statutory grounds for court-ordered maintenance. If not, your focus should be on negotiating contractual alimony.
2. Document your financial needs. Prepare a detailed monthly budget showing your minimum reasonable needs, and gather evidence of your inability to meet those needs independently.
3. Consider contractual alimony. If you are negotiating a settlement, contractual alimony provides far more flexibility than court-ordered maintenance. Discuss the pros and cons with your attorney.
4. Plan for self-sufficiency. Courts expect the requesting spouse to make diligent efforts toward becoming self-supporting. Document your job search, education plans, or skills development.
5. Consult with an attorney. Texas spousal maintenance law is strict and nuanced. An experienced Texas family law attorney can evaluate your eligibility, estimate likely outcomes, and develop a strategy that protects your interests.

Schedule a free consultation to discuss spousal maintenance eligibility in your Texas divorce.

Frequently Asked Questions

What are the four grounds for court-ordered maintenance in Texas?

Under TFC 8.051, the requesting spouse must show they lack sufficient property at divorce AND meet one of four conditions: (1) the other spouse was convicted of or received deferred adjudication for family violence within two years of filing or during the divorce; (2) the marriage lasted at least 10 years and the requesting spouse cannot earn sufficient income; (3) the requesting spouse has an incapacitating physical or mental disability; or (4) the requesting spouse is the custodial parent of a child requiring substantial care due to disability.

What is the $5,000/month cap?

Under TFC 8.055, court-ordered maintenance is capped at the lesser of $5,000/month or 20% of the paying spouse’s average monthly gross income. This cap applies regardless of the marital standard of living. A spouse accustomed to a $30,000/month lifestyle is still limited to $5,000/month in court-ordered maintenance. This cap does not apply to contractual alimony agreed upon in settlement.

What is the difference between court-ordered maintenance and contractual alimony in Texas?

Court-ordered maintenance is limited by strict TFC Chapter 8 requirements: eligibility conditions, the $5,000/month cap, and duration limits (5 years for 10-20 year marriages, 7 years for 20-30 years, 10 years for 30+ years). Contractual alimony is negotiated in the settlement agreement and has no statutory caps, eligibility requirements, or duration limits. However, contractual alimony generally cannot be enforced through contempt of court — only as a contract breach.

Does cohabitation automatically end maintenance in Texas?

Yes. Under TFC 8.056, court-ordered maintenance automatically terminates upon a court finding that the receiving spouse is cohabiting with another person in a dating or romantic relationship on a continuing, conjugal basis. Unlike states where cohabitation merely permits modification, Texas makes termination mandatory once cohabitation is established. The paying spouse must still file a motion and obtain a court finding.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Texas state statutes and family law codes
• Texas judicial branch website and court resources
• Official Texas court forms and filing instructions
• Texas child support guideline publications
• State bar association and legal aid resources

Official Texas Resources

• Texas Law Help – Family, Divorce & Children
• Texas Courts – Self-Represented Litigants
• Texas State Law Library – Divorce Guide

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Complete guide to divorce
• Divorce laws by state
• Custody laws by state
• Child support enforcement
• Custody laws in Texas
• Modifying child support
• 50/50 custody

Last updated: March 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.