Payor income drops 20%+May petition for reductionTFC §8.057(a)
Payee income increases 20%+May petition for terminationTFC §8.057(a)
End of agreed termAutomatic terminationTFC §8.054
Death of either partyAutomatic terminationTFC §8.056(a)
How Texas Spousal Maintenance Works
Texas is one of the most restrictive states for spousal maintenance. Unlike most states, Texas does not award alimony as a matter of course after long marriages — the requesting spouse must independently qualify based on specific statutory criteria under Texas Family Code §8.051–8.054.
Even when eligible, Texas caps the amount at the lesser of $5,000/month or 20% of the payor's average monthly gross income, and limits duration based on the length of the marriage. There is no "permanent" alimony in Texas (except in disability cases).
Texas Maintenance Eligibility & Formula
Eligibility (at least one required):
1. Married 10+ years AND cannot meet minimum reasonable needs
2. Family violence conviction within 2 years of filing
3. Spouse or child has disability preventing self-support
Amount Calculation:
Monthly Amount = Lesser of:
(a) $5,000/month (statutory cap)
(b) 20% × Payor's Average Monthly Gross Income
Maximum Duration:
Marriage 10–20 years: up to 5 years
Marriage 20–30 years: up to 7 years
Marriage 30+ years: up to 10 years
Disability/Violence: Indefinite (as long as qualifying condition persists)
Note that courts also consider the recipient's "minimum reasonable needs" — the actual amount cannot exceed what is needed to cover basic living expenses, even if the formula would allow more.
Example: 14-Year Texas Marriage
Spousal Maintenance Calculation
Payor annual income$85,000
Payor monthly income$7,083
20% of monthly income$1,417
Statutory cap$5,000
Maintenance amount$1,417/mo (20% applies)
Maximum duration5 years
Total maintenance$85,020
In this example, 20% of monthly gross ($1,417) is well below the $5,000 cap, so the percentage formula governs. The recipient must also demonstrate that $1,417/month is needed to meet minimum living expenses.
Frequently Asked Questions
Texas has "spousal maintenance," which is its version of alimony, but it is much more restrictive than in most states. A spouse must prove eligibility under specific statutory criteria — marriage length alone is not sufficient. The receiving spouse must demonstrate they cannot meet their "minimum reasonable needs" from their own assets and income.
To qualify, the requesting spouse must meet at least one of: (1) the marriage lasted 10+ years and the spouse lacks sufficient property to provide for minimum needs and either cannot support themselves through employment or has primary care of a child with a physical/mental disability; (2) the other spouse was convicted of family violence within 2 years; or (3) the requesting spouse has a physical or mental disability preventing self-support.
Yes. Texas law caps spousal maintenance at the lesser of $5,000 per month or 20% of the payor's average monthly gross income. Additionally, the amount cannot exceed what is actually needed to meet the recipient's minimum reasonable needs. This makes Texas one of the lowest-cap states in the country.
Duration maximums in Texas are: up to 5 years for marriages of 10–20 years; up to 7 years for marriages of 20–30 years; up to 10 years for marriages of 30+ years. For disability or family violence grounds, maintenance may last indefinitely as long as the qualifying condition continues. Courts must order the shortest duration reasonably necessary.
Yes. Texas allows "contractual alimony" — a voluntary agreement between divorcing spouses that is not subject to the statutory limits on spousal maintenance. This agreement is enforced as a contract, not a court order, meaning it cannot be modified by the court unless both parties agree. It also has different enforcement mechanisms than court-ordered maintenance.