Q: What is spousal maintenance in Texas?
A: Spousal maintenance is court-ordered financial support paid by one spouse to the other after a divorce. It helps a lower-earning or non-working spouse meet their basic needs when they lack sufficient income or assets to be self-supporting.
Unlike community property division, spousal maintenance is not automatic—you must qualify under specific conditions set by Texas law.
Who Qualifies for Spousal Maintenance
Under Texas Family Code § 8.051, a court may award maintenance if the spouse seeking it:
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Lacks enough property or income to meet basic needs, and
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Meets one of the following criteria:
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The marriage lasted 10 years or more, and the spouse cannot earn sufficient income due to limited skills or experience
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The spouse has a disabling physical or mental condition
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The spouse cares for a disabled child, making employment impractical
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The other spouse was convicted of family violence within two years of filing for divorce
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Each case is fact-specific, and judges evaluate financial need and ability to pay.
How Courts Decide the Amount
The amount and duration of maintenance depend on several factors, including:
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The length of the marriage
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Each spouse’s income, education, and employment history
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Contributions as a homemaker or caregiver
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Misconduct or family violence
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Efforts made by the requesting spouse to become self-supporting
Texas law limits maintenance to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly income.
How Long Spousal Maintenance Lasts
Spousal maintenance is intended to be temporary support, not permanent income. Under Texas Family Code § 8.054, duration limits typically include:
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Up to 5 years: Marriage lasted 10–20 years or involved family violence
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Up to 7 years: Marriage lasted 20–30 years
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Up to 10 years: Marriage lasted over 30 years
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Indefinite: If the receiving spouse or child has a lasting disability
Courts expect the receiving spouse to work toward financial independence.
Modifying or Ending Spousal Maintenance
Maintenance can be modified or terminated if:
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The receiving spouse remarries or cohabits with a new partner
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Financial circumstances change significantly
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The paying spouse loses employment or experiences hardship
If payments stop without a court order, it can lead to wage garnishment or enforcement actions.
How The Ashmore Law Firm Can Help
Our Dallas family law attorneys help clients:
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Determine eligibility for spousal maintenance
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Negotiate fair and realistic support agreements
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Present evidence of financial need or inability to pay
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Enforce or modify existing maintenance orders
We make sure your financial interests are protected before, during, and after divorce.
Learn More About:
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Property division and financial planning after divorce
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Spousal support and alimony tax implications
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Modifying or enforcing Texas support orders
Authority: Texas Family Code
