Texas's rule on spousal maintenance turns on a feature the national template does not capture: Texas calls it spousal maintenance. Maintenance is narrowly available and capped: generally the lesser of $5,000 or 20% of the payor’s average monthly gross income. Eligibility usually requires a marriage of at least 10 years (with exceptions for family violence or disability). Forms include Contractual alimony (by agreement) and court-ordered spousal maintenance under chapter 8.. The controlling authority is Tex. Fam. Code ch. 8. Duration: Maximum durations scale with marriage length and the statutory eligibility path (commonly 5, 7, or 10 years of payments for 10-/20-/30-year marriages, with disability-based exceptions). Termination: Death, remarriage, or cohabitation in a permanent place of abode on a continuing basis; expiration of the maximum term.
Key takeaways
- Texas uses the term spousal maintenance under Tex. Fam. Code ch. 8.
- Amount/duration guidance includes a formula or guideline component. Maintenance is narrowly available and capped: generally the lesser of $5,000 or 20% of the payor’s average monthly gross income. Eligibility usually requires a marriage of at least 10 years (with exceptions for family violence or disability).
- Common forms include: Contractual alimony (by agreement) and court-ordered spousal maintenance under chapter 8.
- Duration framework: Maximum durations scale with marriage length and the statutory eligibility path (commonly 5, 7, or 10 years of payments for 10-/20-/30-year marriages, with disability-based exceptions).
- Permanent / indefinite support: No general permanent maintenance. Disability-related maintenance may continue while the disability persists, subject to statutory limits.
- Companion child-support guide: Texas child support guidelines.
Worked example under Texas law
The illustration below uses only rules already stated for Texas. It is a research hypothetical, not a prediction of what a court will do.
One spouse asks a Texas court for spousal maintenance after a divorce filing.
- Use the label and statute Texas actually uses: spousal maintenance under Tex. Fam. Code ch. 8.
- Apply the formula or guideline: Maintenance is narrowly available and capped: generally the lesser of $5,000 or 20% of the payor’s average monthly gross income. Eligibility usually requires a marriage of at least 10 years (with exceptions for family violence or disability).
- Set duration from Texas rules: Maximum durations scale with marriage length and the statutory eligibility path (commonly 5, 7, or 10 years of payments for 10-/20-/30-year marriages, with disability-based exceptions).
- Identify what ends the award: Death, remarriage, or cohabitation in a permanent place of abode on a continuing basis; expiration of the maximum term.
No general permanent maintenance. Disability-related maintenance may continue while the disability persists, subject to statutory limits. Fault: Family violence can create eligibility even without a 10-year marriage; other fault is secondary to statutory gateways. TCJA: post-2018 maintenance is not federally deductible/includible. Texas has no personal income tax.
What spousal maintenance is (and is not)
Spousal maintenance is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Tex. Fam. Code ch. 154) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to spousal maintenance. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Texas's statutory framework.
Eligibility and statutory factors
Maintenance is narrowly available and capped: generally the lesser of $5,000 or 20% of the payor’s average monthly gross income. Eligibility usually requires a marriage of at least 10 years (with exceptions for family violence or disability).
Fault. Family violence can create eligibility even without a 10-year marriage; other fault is secondary to statutory gateways.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of spousal maintenance in Texas
Contractual alimony (by agreement) and court-ordered spousal maintenance under chapter 8.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Because Texas uses a formula or guideline overlay, start with that math, then test it against need, ability to pay, and any statutory caps. Maintenance is narrowly available and capped: generally the lesser of $5,000 or 20% of the payor’s average monthly gross income. Eligibility usually requires a marriage of at least 10 years (with exceptions for family violence or disability).
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
How long spousal maintenance lasts
Maximum durations scale with marriage length and the statutory eligibility path (commonly 5, 7, or 10 years of payments for 10-/20-/30-year marriages, with disability-based exceptions).
Permanent / indefinite support. No general permanent maintenance. Disability-related maintenance may continue while the disability persists, subject to statutory limits.
When spousal maintenance ends or can be changed
Death, remarriage, or cohabitation in a permanent place of abode on a continuing basis; expiration of the maximum term.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Texas-specific.
Taxes
TCJA: post-2018 maintenance is not federally deductible/includible. Texas has no personal income tax.
Child support remains non-deductible and non-taxable. Do not assume spousal maintenance treatment mirrors child support.
Case law: how Texas courts decide spousal maintenance
These LawDiver opinions illustrate how Texas appellate courts discuss need, ability to pay, duration, and related issues:
In the Matter of the MARRIAGE OF Harvey K. JACKSON and Lera C. Jackson
…ll of which resulted, he contends, in an award of permanent alimony. Regarding the “no evidence” question, both parties submitted sworn inventories and appraisements setting out the nature and valuation of the various properties. The court announced that such inventories and appraisements would be considered as evidence by the court, and no objection thereto was made by either…
On spousal maintenance, In the Matter of the MARRIAGE OF Harvey K. JACKSON and Lera C. Jackson speaks to the Texas dispute in this passage: "Regarding the “no evidence” question, both parties submitted sworn inventories and appraisements setting out the nature and valuation of the various properties." The surrounding opinion shows how the court applied that language to the record.
In the Matter of the MARRIAGE OF Susan McFARLAND and Stephen McFarland and in the Interest of Austin McFarland
…aid medical bills? [Stephen’s counsel]: Yes. THE COURT: And alimony for her? [Stephen’s counsel]: Right. THE COURT: Okay. What else? (Emphasis added.) First, we assume the trial court was referring to spousal maintenance when the court referred to an award of “alimony.” “Spousal maintenance” awards are permitted. Tex. Fam.Code Ann. § 8.051 (Vernon Supp.2004-2005). *656 Next, ou…
In the Matter of the MARRIAGE OF Susan McFARLAND and Stephen McFarland and in the Interest of Austin McFarland is worth reading on Texas spousal maintenance because the court put the point in its own words: "Stephen’s counsel]: Yes. THE COURT: And alimony for her?" Use that passage as the starting point, then read the facts that precede it.
In the Matter of the MARRIAGE OF Charles E. LONG and Kathy Long, and in the Interest of a Child
…Long appeals from those parts of the judgment awarding her alimony; dividing the estate of the parties; obligating persons not standing in loco parentis to the minor child to pay child support; and awarding her inadequate attorney’s fees. Eight points of error are presented for our consideration. That portion of the judgment complained of as alimony is as follows: *715 “IT IS…
Texas opinions such as In the Matter of the MARRIAGE OF Charles E. LONG and Kathy Long, and in the Interest of a Child are cited where spousal maintenance is disputed. The court stated: "Long appeals from those parts of the judgment awarding her alimony; dividing the estate of the parties; obligating persons not standing in loco parentis to the minor child to pay child support; and awarding her inadequate attorney’s fees." That is the language to brief; the rest of the decision supplies the procedural posture.
In the Matter of the Marriage of Bart Dalton and Carol Dalton.
In the Matter of the Marriage of Bart Dalton and Carol Dalton., 2011 Tex. App. LEXIS 4967 (2011)
…parties before November 2006. He also agreed to pay support alimony to Carol in the amount of $1,309,014.00 at the rate of $6,060.25 per month. Finally, Bart agreed that all marital property not listed in the OSM would be awarded to Carol. After the parties signed the OSM, they continued to live together in Oklahoma. In June 2008, the parties separated and Carol moved to Nacogd…
On spousal maintenance, In the Matter of the Marriage of Bart Dalton and Carol Dalton. speaks to the Texas dispute in this passage: "November 2006. He also agreed to pay support alimony to Carol in the amount of $1,309,014.00 at the rate of $6,060.25 per month. Finally, Bart agreed that all marital property not listed in the OSM would be awarded to Carol." The surrounding opinion shows how the court applied that language to the record.
In the Matter of the MARRIAGE OF Fortino Pineda TRUJILLO and Maria C. Vela Trujillo
…s division of the property amounts to an award of permanent alimony in violation of the public policy of the State of Texas.” The judgment of the trial court will be affirmed. Fortino and Maria were formally married on October 7, 1976, and separated three days later. The parties had known each other for approximately three years and had been living together as husband and wife…
Texas opinions such as In the Matter of the MARRIAGE OF Fortino Pineda TRUJILLO and Maria C. Vela Trujillo are cited where spousal maintenance is disputed. The court stated: "State of Texas.” The judgment of the trial court will be affirmed. Fortino and Maria were formally married on October 7, 1976, and separated three days later." That is the language to brief; the rest of the decision supplies the procedural posture.
in the Matter of the Marriage of Bart Dalton and Carol Dalton
in the Matter of the Marriage of Bart Dalton and Carol Dalton (2011)
…parties before November 2006. He also agreed to pay support alimony to Carol in the amount of $1,309,014.00 at the rate of $6,060.25 per month. Finally, Bart agreed that all marital property not listed in the OSM would be awarded to Carol. After the parties signed the OSM, they continued to live together in Oklahoma. In June 2008, the parties separated and Carol moved to Nacogd…
On spousal maintenance, in the Matter of the Marriage of Bart Dalton and Carol Dalton speaks to the Texas dispute in this passage: "November 2006. He also agreed to pay support alimony to Carol in the amount of $1,309,014.00 at the rate of $6,060.25 per month. Finally, Bart agreed that all marital property not listed in the OSM would be awarded to Carol." The surrounding opinion shows how the court applied that language to the record.
in the Matter of the Marriage of Robert Lyall Martz and Amy Gonzalez Martz
in the Matter of the Marriage of Robert Lyall Martz and Amy Gonzalez Martz (2022)
…ance award could be supported under a theory of contractual alimony; entering an Income Withholding Order; not requiring a reporter’s record of the Nunc Pro Tunc hearing; and failing to grant a new trial in the interest of justice. We affirm the trial court’s judgment in part and reverse and remand in part. BACKGROUND In July 2019, Amy filed an Original Petition for Divorce, in…
Texas opinions such as in the Matter of the Marriage of Robert Lyall Martz and Amy Gonzalez Martz are cited where spousal maintenance is disputed. The court stated: "Income Withholding Order; not requiring a reporter’s record of the Nunc Pro Tunc hearing; and failing to grant a new trial in the interest of justice. We affirm the trial court’s judgment in part and reverse and remand in part." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist
- Identify the correct statutory label (spousal maintenance) and controlling section (Tex. Fam. Code ch. 8).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Texas law makes it relevant to eligibility or amount.
- Search LawDiver for recent Texas decisions before mediation.
- Cross-check child support interactions via the Texas child support guide.
Frequently asked questions
Does Texas still award permanent spousal maintenance?
No general permanent maintenance. Disability-related maintenance may continue while the disability persists, subject to statutory limits.
How is spousal maintenance calculated in Texas?
Texas applies guideline/formula concepts under Tex. Fam. Code ch. 8. Maintenance is narrowly available and capped: generally the lesser of $5,000 or 20% of the payor’s average monthly gross income. Eligibility usually requires a marriage of at least 10 years (with exceptions for family violence or disability).
How long do I have to be married to receive spousal maintenance?
Maximum durations scale with marriage length and the statutory eligibility path (commonly 5, 7, or 10 years of payments for 10-/20-/30-year marriages, with disability-based exceptions). Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end spousal maintenance?
Death, remarriage, or cohabitation in a permanent place of abode on a continuing basis; expiration of the maximum term.
Is spousal maintenance taxable?
TCJA: post-2018 maintenance is not federally deductible/includible. Texas has no personal income tax.
Where can I read Texas spousal maintenance opinions?
Open the cases linked above or search LawDiver scoped to Texas. For support of children, see the Texas child support guidelines guide.
Disclaimer
This article provides general information about Texas spousal maintenance and is not legal advice. Confirm the current text of Tex. Fam. Code ch. 8 and consult a licensed Texas family-law attorney before acting on any rule described here.