Texas Spousal Maintenance: Who Qualifies, How Much, and How Long
Spousal maintenance— often referred to as alimony—can be a vital resource if you’re unable to meet your minimum reasonable needs after divorce. In Texas, the law sets specific eligibility requirements and limits. Below, we empower you with clarity on qualifications, calculation, duration, and procedural essentials.
Who Qualifies for Spousal Maintenance in Texas?
The Texas Family Code outlines the criteria you must prove to qualify for Spousal Maintenance:
Insufficient Property to Meet Your Minimum Reasonable Needs, and
At Least One of Four Additional Criteria:
Family violence within the last 2 years
Incapacitating disability
Marriage of 10+ years and inability to self-support
Care for a child with a disability requiring substantial supervision
Note: Courts interpret “reasonable needs” narrowly: essentials like food, shelter, medical care—not maintaining your marital lifestyle.
How Much Maintenance Is Awarded?
Texas limits alimony to:
$5,000 per month, or
20% of the payor’s average monthly gross income, whichever is less.
How Long Does Support Last?
Duration depends on your marriage length—or specific conditions like disability or domestic violence:
Up to 5 years: for marriages under 10 years or cases involving family violence
Up to 7 years: marriage of 20–30 years
Up to 10 years: marriage exceeding 30 years
Indefinite support: when incapacitation or child disability prevents self-support
Note: The court aims to award the shortest reasonable duration needed to achieve financial independence.
What Factors Influence Amount & Duration?
Texas Courts review:
Each spouse’s financial ability and earning potential
Non-economic contributions like homemaking
Physical and mental health
Length of marriage
Efforts by the seeking spouse to support themselves
Marital misconduct or family violence history
Frequently Asked Questions
What are minimum reasonable needs as interpreted by Courts? Think of essentials like shelter, medical care, transportation, not so much your marital standard of living.
Does misconduct like adultery affect maintenance? Yes! Courts may consider it when awarding support.
Can maintenance continue beyond court-set duration? Only in cases involving permanent disability or caregiving needs.
What if I haven’t tried working? You must show effort toward self-support; otherwise, maintenance may be denied due to a lack of reasonable effort.
Secure Your Financial Future with Legal Strategy
At the Mendez Law Group, we help clients navigate spousal maintenance — ensuring maximum eligibility and protected rights. Contact us today to schedule a consultation and see how we can help you claim or defend spousal maintenance effectively.
