Alimony Laws in Texas (2026): Strict Rules You Should Know

Most people think alimony works the same everywhere. They’re wrong. Texas has some of the toughest spousal support laws in the entire country. Seriously. And if you’re going through a divorce, you need to know exactly how these rules work. Let’s break it down.

What Is Alimony in Texas?

Here’s the deal. Texas doesn’t actually call it alimony. The legal term is spousal maintenance. Yeah, I know. Same thing, different name, right?

Not quite. Spousal maintenance is court-ordered financial support. One spouse pays the other after a divorce. But Texas makes it really hard to get. The state believes people should support themselves. This philosophy shows up in every part of the law.

Honestly, this is probably the strictest spousal support system in America. You can’t just ask for it and get it. You have to meet very specific requirements.

Two Types of Support in Texas

Texas recognizes two different kinds of financial support after divorce. Understanding the difference matters.

Court-ordered spousal maintenance is what a judge orders. The court decides if you qualify. They set the amount and how long it lasts. This type has strict rules and caps.

Contractual alimony is what you and your spouse agree to. You negotiate the terms together. A judge usually approves it if you both agree. This type is way more flexible than court-ordered support.

The catch? If your ex stops paying contractual alimony, you have to sue them. It’s treated like a broken contract. Court-ordered maintenance has tougher enforcement.

Who Qualifies for Spousal Maintenance?

Okay, pause. Read this carefully.

Getting spousal maintenance in Texas requires clearing two huge hurdles. Both of them. Not just one.

First, you must prove you lack enough property to meet your basic needs. This includes everything you get in the divorce. Your share of the house, retirement accounts, savings. All of it. If the court thinks you have enough to survive, you’re done. No maintenance.

Second, you must meet at least one of these conditions. You need a marriage that lasted 10 years or more AND you can’t earn enough to support yourself. Or you’re disabled. Or you’re caring for a disabled child who needs constant supervision. Or your spouse was convicted of family violence against you within two years before filing for divorce.

Sound complicated? It’s actually not that bad once you see how it works.

The 10-Year Rule

Most people assume being married 10 years guarantees alimony. Wrong. The 10-year rule just makes you eligible to ask for it. Big difference.

You still have to prove everything else. Your financial need. Your inability to work. Everything. Marriage length alone won’t get you spousal support.

But here’s where it gets interesting. The length of your marriage directly affects how long you can receive payments. Texas has strict time limits based on marriage duration.

How Long Does Spousal Maintenance Last?

Texas caps support payments based on how long you were married. These are maximums, not guarantees.

Married 10 to 20 years? Maximum five years of support. Married 20 to 30 years? Maximum seven years. Married 30 years or more? Maximum 10 years.

There’s one exception. Family violence cases can get up to five years regardless of marriage length. If your spouse was convicted of or got deferred adjudication for family violence within two years before filing, the marriage length doesn’t matter.

Wondering if this applies to you? Courts expect you to become self-supporting. They order the shortest period needed for you to get back on your feet. Not the longest. The shortest.

How Much Can You Get?

Texas strictly limits spousal maintenance amounts. Period.

The maximum is $5,000 per month OR 20% of the paying spouse’s average monthly gross income. Whichever is less. This is a hard cap. No exceptions.

Let’s say your spouse earns $15,000 per month. Twenty percent would be $3,000. That’s your max. If they earn $30,000 monthly, twenty percent would be $6,000. But remember the cap? You’d get $5,000 maximum.

Pretty straightforward, right?

Courts don’t automatically award the maximum either. They look at what you actually need. Housing, food, transportation, healthcare. Basic expenses. Nothing fancy.

What Courts Consider

Hold on, this part is important.

Judges look at multiple factors when deciding on spousal maintenance. Your financial resources after the divorce. Your education and job skills. How long you need to get training or education. Whether you can actually get that training.

They also consider your age and health. How long you were married. How you treated each other during the marriage. Any history of family violence or misconduct.

Honestly, the court wants to see that you tried. Did you look for work? Did you try to develop skills? If you just sat around expecting support, that’s a problem.

Disability and Special Needs Children

Not sure what counts as a qualifying disability? Let me break it down.

You might qualify if you have a physical or mental disability that prevents you from earning enough income. The disability must be significant. Something that truly stops you from working.

Caring for a disabled child also qualifies. Your child must need substantial care and personal supervision. This care prevents you from working enough to meet your needs. The child’s age doesn’t matter here.

These situations can override the 10-year marriage requirement. Courts recognize that some people genuinely can’t work.

Family Violence Exception

This one’s serious.

If your spouse was convicted of or received deferred adjudication for family violence, you might qualify for maintenance. The violence must have happened within two years before filing for divorce or during the divorce process.

The conviction must be for a criminal offense under Title 4 of the Texas Penal Code. It must constitute an act of family violence against you or your child.

This exception exists regardless of marriage length. Even a short marriage qualifies if domestic violence occurred.

Temporary Support During Divorce

Here’s where things get better.

While your divorce is pending, judges can order temporary spousal support. This is different from final spousal maintenance. The rules are way more relaxed.

Temporary support maintains your financial situation until the divorce finalizes. Basically, it keeps things stable. Courts don’t require you to meet those strict eligibility requirements.

Temporary support typically ends when your divorce becomes final. Then the regular spousal maintenance rules kick in.

Contractual Alimony: The Better Option?

Many divorcing couples skip court-ordered maintenance entirely. They negotiate their own deal instead.

Contractual alimony gives you way more flexibility. You can agree to amounts above the $5,000 cap. You can set longer payment periods. You control the terms.

The tradeoff? It’s harder to modify or terminate. If you agree to pay $8,000 monthly for 15 years, you’re generally stuck with that. Courts treat these as binding contracts.

Some people prefer this certainty. Others want the ability to modify later. You’ve got to decide what works for your situation.

When Spousal Maintenance Ends

Okay, this is important to know.

Spousal maintenance automatically ends if the receiving spouse remarries. No court action needed. Remarriage terminates the obligation.

Living with a romantic partner continuously also ends maintenance. Texas law recognizes this as basically the same as remarriage.

Death of either spouse ends the payments too. Obviously.

How Payments Are Made

Texas typically orders payments through income withholding. Your employer deducts the amount from your paycheck. They send it directly to your ex or to a state agency.

This makes enforcement easier. No forgetting to pay. No excuses. It comes straight out of your check every month.

Your employer can charge you an administrative fee up to $5 monthly for handling this. Yeah, you pay extra to have your wages garnished.

Modifying Spousal Maintenance

Wait, it gets better.

Either spouse can request modification if circumstances change significantly. The change must be material and substantial. Something major.

Maybe the paying spouse loses their job. Or the receiving spouse gets a great new career. Or health conditions change dramatically.

You file a motion with the court. You prove the circumstances changed. The judge decides whether to modify the order.

Bad faith doesn’t work here. You can’t quit your job to avoid paying. Your ex can’t quit working to increase payments. The changes must be genuine.

Tax Implications

This changed recently.

Spousal maintenance payments ordered after 2018 are not tax deductible for the paying spouse. They’re also not taxable income for the receiving spouse.

This is different from how alimony used to work federally. The tax laws changed. Now neither spouse reports these payments on their taxes.

If you have questions about your specific situation, talk to a tax professional. Seriously.

Enforcement Options

What happens if your ex stops paying? You’ve got options.

You can file a motion to enforce the order. The court can hold them in contempt. Contempt can mean jail time. Fines. Attorney fees.

You can request income withholding if it wasn’t already ordered. This forces their employer to take the money from their paycheck.

You can also pursue other enforcement remedies available under Texas law. Judges take enforcement seriously.

Common Mistakes to Avoid

Most people don’t realize how strict Texas is. They assume they’ll get support automatically. They find out the hard way that’s not how it works.

Don’t assume a long marriage guarantees anything. It just makes you eligible to ask. You still have to prove need.

Don’t skip looking for work or training. Courts expect you to try becoming self-sufficient. If you haven’t tried, they’ll deny your request.

Don’t agree to contractual alimony without understanding it. Once signed, those terms are hard to change.

How to Request Spousal Maintenance

You’re not alone, this confuses a lot of people.

File your request during the divorce proceedings. Your attorney includes it in the divorce petition or response. You present evidence of your financial need.

You’ll need documentation. Bank statements. Pay stubs. Employment history. Medical records if claiming disability. Proof you looked for work or training.

The court holds a hearing. Both sides present evidence. The judge decides whether you qualify and, if so, sets the amount and duration.

Now you know the basics. Stay informed, stay prepared, and when in doubt, consult with a Texas family law attorney who knows these rules inside and out.

Frequently Asked Questions

Can I get alimony in Texas if I was married less than 10 years?

Yes, but only in limited situations. If your spouse was convicted of family violence within two years before filing for divorce, you might qualify regardless of marriage length. You can also qualify if you’re disabled or caring for a disabled child who needs constant supervision.

Is spousal maintenance taxable in Texas?

No. Spousal maintenance ordered after 2018 is not taxable income for the person receiving it. It’s also not tax deductible for the person paying it. This changed due to federal tax law updates.

Can my ex stop paying if I move in with someone?

Yes. Texas law terminates spousal maintenance if you live with a romantic partner on a continuing basis. Remarriage also automatically ends maintenance payments.

What’s the difference between contractual alimony and court-ordered maintenance?

Court-ordered maintenance has strict limits on amount and duration set by Texas law. Contractual alimony is whatever you and your spouse agree to, which can exceed legal caps. However, contractual alimony is harder to modify later.

Can spousal maintenance be modified after the divorce?

Yes, if there’s a material and substantial change in circumstances. Either spouse can file a motion to modify. The court looks at changes in income, health, employment, or other significant factors that occurred after the original order.

References

1. Texas Family Code Chapter 8 – Maintenance (Official Texas Statutes) – https://statutes.capitol.texas.gov/docs/fa/htm/fa.8.htm
2. Texas Law Help – Spousal Maintenance (Alimony) – https://texaslawhelp.org/article/spousal-maintenance-alimony
3. FindLaw – Texas Alimony Laws – https://www.findlaw.com/state/texas-law/texas-alimony-laws.html
4. DivorceNet – How Spousal Maintenance Works in Texas – https://www.divorcenet.com/resources/divorce/spousal-support/understanding-and-calculating-alimony-te
5. Bryan Fagan Law Office – Texas Alimony Requirements – https://www.bryanfagan.com/blog/2024/11/what-is-the-current-state-of-alimony-in-texas/