We published an earlier version of this post some time ago and a lot has changed since then — including the monthly cap, the duration rules, and the growing role of contractual alimony in Texas divorces. Here is an updated look at where things actually stand.
Does Texas Award Alimony?
Yes — but Texas calls it spousal maintenance rather than alimony, and it is more limited than most people expect. Eligibility is based on specific statutory criteria, the monthly amount is capped, and the duration is tied to how long the marriage lasted. There is also a second option — contractual alimony — which is a privately negotiated agreement between spouses that is not subject to the same statutory limits. In high-asset divorces, contractual alimony is often where the most meaningful support arrangements are reached.
Who Qualifies for Alimony/Spousal Maintenance in Texas?
Under Texas Family Code § 8.051, the requesting spouse must show they cannot meet their basic financial needs after the divorce and meet at least one of the following:
The marriage lasted at least 10 years and the requesting spouse lacks the earning ability to meet their minimum reasonable needs
The other spouse was convicted of or received deferred adjudication for family violence within two years before the divorce was filed or during the proceeding
The requesting spouse has a physical or mental disability that prevents them from earning sufficient income
The requesting spouse is the primary caregiver for a child of the marriage whose disability requires substantial care and prevents adequate employment
How Much Spousal Support Can a Texas Court Order?
The monthly cap is the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. This applies regardless of income level — a spouse earning $800,000 per year faces the same $5,000 ceiling as one earning $300,000. For high-asset couples, that gap between the cap and the financial reality of the marriage is exactly why contractual alimony matters.
H2 How Long Does It Last?
Duration is based on the length of the marriage:
Marriages of 10 to 20 years — maximum of 5 years
Marriages of 20 to 30 years — maximum of 7 years
Marriages of 30 or more years — maximum of 10 years
Disability-based maintenance — potentially indefinite
These are maximums, not automatic awards. Courts are expected to order the shortest period reasonably necessary.
Two Scenarios That Show How This Works in Practice
Securing Support After a Long Marriage
A spouse in Plano spent 14 years out of the workforce raising children while her husband ran a distribution business. When the divorce was filed, she had no current income and needed to update her credentials before she could realistically return to work. The focus on her side was establishing eligibility under the 10-year rule, ensuring the property division included liquid assets she could actually use, and pursuing contractual alimony at an amount that reflected what the marriage actually looked like financially — not what the statutory cap would have allowed. The result was a negotiated support arrangement that stepped down over time as she rebuilt her professional footing.
Negotiating a Fair Obligation for the Paying Spouse
A physician in Highland Park who owned a specialty medical practice came to us after her husband requested support based on income figures that significantly overstated what she could realistically pay. The practice had strong revenue but also carried real overhead, staff payroll, equipment financing, and malpractice costs that reduced what she actually took home each year. A forensic accountant documented the real income picture and a step-down contractual alimony structure was negotiated — one that was fair to both sides and calibrated to what the practice could actually sustain rather than what the gross revenue numbers suggested on paper.
The Bottom Line
Texas spousal support law has evolved and the details matter. The cap is higher than it used to be, duration is tied to marriage length rather than a flat limit, and contractual alimony has become the primary vehicle for meaningful support in high-asset cases. Whether you are seeking support or negotiating what you owe, strategy matters as much as the law.
For a deeper look at how this works in high-asset divorces, see our full guide: Spousal Support and Alimony in Texas: What High-Asset Spouses Need to Know.
The information in this post is general legal information and does not constitute legal advice specific to your situation. Texas family law is subject to change. Contact a licensed Texas attorney for guidance on your case.
