How Hard is it to get Spousal Support in Texas?

Divorce is tough—there’s no way around it. The choices you make now can shape your life for years, especially when it comes to money. One of the big questions in a Texas divorce is spousal support, or as the law calls it, spousal maintenance. Basically, it’s there to help out a spouse who can’t quite stand on their own financially once the marriage ends.  People also refer to spousal support as alimony, but alimony is not how the laws in the State of Texas refer to it.

Let’s be real: talking about money during a divorce is never easy. We get it. That’s why we handle these conversations with care and respect. Our goal? Give you straightforward, honest info, so you actually know where you stand and what your options look like.

This guide breaks down the essentials of spousal support in Texas. You’ll find out who qualifies, what the courts consider when making decisions, and what you need to keep in mind as you move forward.

Understanding Spousal Support in Texas

Let’s talk about spousal maintenance in Texas. There are really two kinds: contractual alimony and court-ordered spousal maintenance..

• Contractual Alimony: This is pretty straightforward. The two people getting divorced decide together on how much will be paid and for how long. They work it out as part of the divorce settlement, sign off on it, and once the judge makes it official in the divorce decree, it’s a done deal. It’s basically a contract.
• Court-Ordered Spousal Maintenance: This is the one people usually think of when they hear “spousal support.” Here, it’s not up to the couple—if one person wants support and the other doesn’t agree, a judge steps in. But judges don’t hand these orders out easily. You have to meet some strict legal requirements, and honestly, these cases aren’t super common.

We’re going to zero in on court-ordered spousal maintenance here because it’s a whole process with its own rules and standards.

Who Qualifies for Texas Spousal Support?

In Texas, you can only get spousal maintenance if you show the court you won’t have enough property — including whatever’s yours alone — to cover your basic needs after the divorce. That’s the starting point. On top of that, at least one of these things has to be true:

1. The Marriage Lasted at Least 10 Years

This is the most common route. If you’ve been married for 10 years or more, you still have to show the judge you really tried to earn enough or build the skills you need to support yourself. It’s not automatic — you need proof you put in the effort.

2. There Was Family Violence

If your spouse was convicted of (or got deferred adjudication for) a crime that counts as family violence — and it happened to you or your child within two years before you filed for divorce, or while the case was going on — you can ask for maintenance no matter how long you were married.

3. You Have a Disabling Condition

If you have a physical or mental disability that keeps you from earning enough to meet your basic needs, you can qualify for maintenance. Here, it doesn’t matter how long the marriage lasted. The focus is on your ability to work.

4. You Care for a Disabled Child

If you’re the main caregiver for your child (from the marriage), and that child has a physical or mental disability that means they need a lot of care and supervision, you can qualify for maintenance. This is true no matter the child’s age, as long as your caregiving keeps you from earning enough to support yourself.

Factors That Influence Texas Spousal Support Decisions

Once someone qualifies for spousal support, the court has to figure out how much they’ll get, how long the payments will last, and what kind of support it’ll be. In Texas, judges can’t just pick a number out of thin air—they look at a bunch of different things:

• How much money each person will have after the divorce, including property and what they can earn.
• What kind of education and job skills each person brings to the table.
• How long it’ll take (and what it’ll take) for the spouse asking for support to get the education or training they need to support themselves.
• How long the marriage lasted.
• The age, work history, earning potential, and even the physical or emotional health of the spouse who’s asking for support.
• Whether the person who’s supposed to pay support can actually cover their own bills and still help out.
• Whether there was cheating, cruelty, or someone was clearly at fault for the marriage ending.
• If there’s any history of family violence.
• Whether one spouse helped the other get more education, training, or earning power.
• If one spouse took care of the home instead of working outside.
• And if anyone tried to hide or get rid of assets, or did anything shady with the couple’s property.

The judge looks at all this—no two cases are exactly the same—and tries to land on a decision that feels fair for everyone involved.

Related Reading:  Texas Family Code Sec 8.051 ELIGIBILITY FOR MAINTENANCE

How Much and For How Long?

Texas sets clear rules for spousal support —how much you can get and for how long. The idea is to help the receiving spouse get back on their feet, not to set up permanent support.

Maximum Amount of Maintenance

There’s a hard cap here. Courts can’t order more than the lesser of these two numbers: $5,000 per month or 20% of the paying spouse’s average monthly gross income. Gross income covers wages, salaries, self-employment, rental income—pretty much any money coming in.

Maximum Duration of Maintenance

How long does maintenance last? It depends on the length of the marriage:

• If you were married 10 to 20 years, the maximum is 5 years.
• If you were married 20 to 30 years, it’s 7 years.
• If you’ve been married 30 years or longer, the limit is 10 years.

There are a few exceptions. If one spouse has a severe disability, or if you’re caring for a disabled child, maintenance can go on as long as you still qualify. For marriages under 10 years that involved family violence, the max is 5 years. Courts usually try to keep support as short as possible, just long enough for the receiving spouse to get financially independent.

Related Reading: Texas Family Code Sec 8.054 DURATION OF THE MAINTENANCE ORDER

When Does Texas Spousal Support End?

Maintenance doesn’t last forever. Payments stop automatically if either spouse dies, if the receiving spouse remarries, or if they move in with a romantic partner and start living together long-term. Support also ends on the date the court order says it should.

Related Reading:  Texas Family Code Sec 8.056 TERMINATION

Texas Spousal Support Tax Consequences

The tax rules changed in 2019. Now, if your divorce was finalized on or after January 1, 2019, spousal maintenance isn’t tax-deductible for the paying spouse, and the receiving spouse doesn’t have to count it as income. This is a big change, so make sure you factor it in when planning your finances.  Reference IRS Publication 504  for more information.

Moving Forward Towards Texas Spousal Support

Texas spousal support laws are pretty detailed, but knowing your rights is the first step toward a fair outcome. Divorce is tough—no question about it. You don’t have to handle it alone. Get advice from an experienced family law attorney who can walk you through the process and fight for what’s best for you.  Contact Graham Family Law to get started on your new future.