Texas does not use the term "alimony," but it does allow financial support between spouses following divorce under specific circumstances. The word "alimony" is commonly used in everyday conversation and in searches, but Texas law refers to court-ordered post-divorce financial support as spousal maintenance. Privately negotiated support between the parties is called contractual alimony.
The key distinction from most other states is that Texas courts cannot simply award spousal support because one spouse earns significantly more than the other, or because the marriage was long. Eligibility depends on meeting specific statutory criteria.
Who Qualifies for Court-Ordered Spousal Maintenance in Texas?
Under Texas Family Code § 8.051, a court may award spousal maintenance only when the requesting spouse lacks sufficient property to provide for their minimum reasonable needs after divorce AND meets at least one of the following conditions:
- The marriage lasted at least ten years and the requesting spouse lacks earning ability sufficient to meet minimum reasonable needs
- The paying spouse has been convicted of or received deferred adjudication for family violence against the requesting spouse or the requesting spouse's child during the marriage or while the divorce is pending
- The requesting spouse has a physical or mental disability that prevents self-support
- The requesting spouse is the custodian of a child of the marriage who requires substantial care due to a physical or mental disability that prevents the requesting spouse from working
The threshold of "minimum reasonable needs" is interpreted narrowly in Texas courts. This is not a standard of maintaining the marital lifestyle — it is a basic sufficiency standard. This is why many supported spouses in higher-income marriages pursue contractual alimony rather than relying solely on court-ordered maintenance.
What Factors Do Texas Courts Consider When Awarding Spousal Maintenance?
Even when a spouse qualifies for maintenance, the court exercises discretion in setting the amount. Under Texas Family Code § 8.052, courts consider:
- Each spouse's financial resources after divorce, including any separate property owned
- Each spouse's ability to meet their own needs independently
- The education and employment skills of both spouses
- The length of the marriage
- The age, employment history, earning ability, and physical and emotional condition of the requesting spouse
- Whether the requesting spouse contributed to the other spouse's education, training, or career during the marriage
- Whether either spouse has wastefully dissipated marital assets during the marriage or in anticipation of divorce
- Any history of family violence
- Contributions of the requesting spouse as homemaker
This factor analysis is where experienced legal representation matters most. Our attorneys know how to present each of these factors effectively — whether arguing for appropriate maintenance on behalf of a supported spouse or challenging an unreasonable maintenance request on behalf of a paying spouse.
How Long Can Spousal Maintenance Last in Texas?
Texas Family Code § 8.054 caps the duration of spousal maintenance based on the length of the marriage:
- Marriages of 10 to 20 years: maintenance may not exceed 5 years
- Marriages of 20 to 30 years: maintenance may not exceed 7 years
- Marriages of 30 years or more: maintenance may not exceed 10 years
For maintenance awarded due to family violence, the court may order up to 5 years regardless of the marriage length.
Longer or indefinite support may only be ordered when the receiving spouse has a qualifying disability or is the primary caregiver of a disabled child. In all other cases, the court's goal under Texas law is rehabilitation — providing temporary support while the receiving spouse develops the ability to be self-supporting, not creating a permanent income stream.
Contractual alimony can be structured for any duration the parties agree to, which is one of its primary advantages over court-ordered maintenance in high-net-worth cases.
How Much Spousal Maintenance Can a Texas Court Order?
Under Texas Family Code § 8.055, court-ordered maintenance is capped at the lesser of:
- $5,000 per month, OR
- 20% of the paying spouse's average monthly gross income
This cap applies regardless of the marital lifestyle or the income disparity between the spouses. A paying spouse earning $50,000 per month gross income would have a maximum maintenance obligation of $5,000 per month — not 20% of $50,000 — because the $5,000 cap is lower.
For high-income couples, this cap frequently produces an inadequate result for the lower-earning spouse. Contractual alimony is how parties in these situations create support that actually reflects the financial reality of the marriage.
Contractual Alimony in Texas — A Flexible Alternative
Contractual alimony is a privately negotiated support agreement between divorcing spouses. It is enforceable as a contract and is not subject to the Chapter 8 statutory caps on amount or duration. This means parties can agree to:
- Monthly payments that exceed $5,000
- Support lasting longer than the statutory duration limits
- Lump-sum payments instead of monthly installments
- Stepped-down or graduated payment schedules
- Support tied to specific triggering events or conditions
- Modification only by mutual agreement (unlike court-ordered maintenance, which can be modified unilaterally by either party upon a showing of changed circumstances)
Contractual alimony requires careful drafting. The agreement must be clear on payment terms, modification rights, termination conditions, and enforcement mechanisms. Poorly drafted contractual alimony agreements are a significant source of post-divorce litigation. Our attorneys draft support agreements that anticipate disputes and hold up over time.
Temporary Spousal Support During the Divorce Process
The divorce process in Texas can take months or, in complex cases, years. During that time, financial imbalances between the spouses can create serious hardship for a lower-earning or non-working spouse.
Texas courts have authority to order temporary spousal support — also called pendente lite maintenance — while the divorce is pending. Temporary support is governed by Texas Family Code § 6.502 and is designed to maintain the status quo during the divorce process, not to pre-determine the final award.
Temporary support orders can be sought through a motion for temporary orders early in the case. If you are the lower-earning spouse facing a long divorce process, pursuing temporary support at the outset may be essential to maintaining financial stability throughout.
When Does Spousal Maintenance End in Texas?
Court-ordered spousal maintenance terminates automatically upon:
- The death of either party
- Remarriage of the receiving spouse
- A court finding that the receiving spouse is living with another person in a romantic relationship in a permanent residence
Under Texas Family Code § 8.061, if the paying spouse believes the receiving spouse is cohabiting in a qualifying romantic relationship, they may petition the court to terminate maintenance even before the ordered term expires. The receiving spouse has the burden of proving the relationship does not qualify for termination.
Maintenance may also be modified — either increased, decreased, or terminated — if there is a substantial change in the circumstances of either party under § 8.057.
Contractual alimony terminates only under the conditions specified in the agreement itself. If the agreement is silent on termination events, it may continue even after remarriage — which is why precise drafting matters.
Tax Treatment of Spousal Support After 2019
The Tax Cuts and Jobs Act of 2017 changed federal tax treatment of alimony for divorce agreements executed after December 31, 2018:
- Spousal maintenance and contractual alimony paid under agreements finalized after that date are NOT deductible for the paying spouse
- Amounts received are NOT includable in the receiving spouse's gross income
For divorce agreements executed before January 1, 2019, the prior tax rules still apply — maintenance is deductible for the payer and taxable to the recipient — unless the parties formally modify the agreement and elect to apply the new rules.
High-net-worth couples often work with tax professionals to structure support arrangements in a way that accounts for these rules, sometimes substituting property transfers or other financial arrangements for ongoing support payments.
Stay-at-Home Spouses and Spousal Support in Dallas
One of the most common scenarios our Dallas-area attorneys handle involves a spouse — often but not always the wife — who left a career or declined career advancement to raise children, support the household, and enable the other spouse's professional growth. Under § 8.052(a)(4), courts can consider this contribution when setting support, but the statutory caps still apply regardless of the sacrifice made.
For this reason, stay-at-home spouses in long marriages where one partner earns significantly more often benefit most from contractual alimony negotiations rather than relying solely on court-ordered maintenance. The statutory framework may not capture the full financial reality of the marriage — a negotiated agreement can.
How The Ashmore Law Firm Handles Spousal Support in Dallas
Managing Attorney Gary Ashmore and the family law team at The Ashmore Law Firm have represented both supported spouses seeking fair maintenance and paying spouses defending against unreasonable demands for over 30 years. We handle the full range — from straightforward maintenance claims in Collin County district court to complex contractual alimony negotiations in high-net-worth Dallas divorces involving business interests, investment portfolios, and executive compensation.
Our process:
- Evaluate eligibility — We assess whether court-ordered maintenance is available and how strong the eligibility case is under § 8.051.
- Analyze the income picture — We examine both spouses' income, resources, earning capacity, and separate property to build an accurate financial profile.
- Model the options — We compare the outcome under court-ordered maintenance versus negotiated contractual alimony, including tax implications, duration, and enforceability.
- Negotiate aggressively — Most spousal support disputes in high-asset cases resolve through negotiation, and our attorneys pursue favorable terms with the same rigor we bring to trial preparation.
- Litigate when necessary — When the other side is unreasonable or seeking support far outside what the law allows, we take the matter to court.
We serve clients throughout Dallas, Highland Park, University Park, the Park Cities, East Dallas, Lakewood, Uptown, Plano, Frisco, Southlake, and surrounding communities in Collin, Denton, Tarrant, Rockwall, and Ellis counties.
