As discussed in our article regarding how Texas family law differs from that of other states, Texas permits spouses to agree to alimony through a contractual alimony agreement. But what about instances where there is no agreement between the spouses? Continue reading below for an in-depth understanding on how Texas courts handle court-ordered spousal maintenance.

Eligibility for Spousal Maintenance

In limited circumstances, Texas courts may order one spouse to pay another spousal maintenance. An award of spousal maintenance is only appropriate where a spouse lacks sufficient property to afford their minimum reasonable needs after consideration has been given to their separate property as well as the property awarded to them in the division of the marital estate. 

In Texas, to qualify for court-ordered spousal maintenance, the spouse seeking maintenance must prove both that after divorce he or she will lack sufficient property to meet his or her minimum reasonable needs (as mentioned above) as well as at least one of the following:

  1. the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence committed during the marriage against the other spouse or the other spouse’s child and the offense occurred:
  1. within two years before the date on which a suit for dissolution of the marriage is filed; or

(B) while the suit is pending; or

(2) the spouse seeking maintenance:

(A) is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;

(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or

(C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.


Tex. Fam. Code Ann. § 8.051.

The “Reasonable Needs” Requirement 

In Texas, there is a rebuttable presumption that maintenance is not warranted unless the spouse seeking maintenance has exercised diligence in: (1) earning sufficient income to provide for their own minimum reasonable needs; or (2) developing the necessary skills to provide for their own minimum reasonable needs during a period of separation and during the time the suit for dissolution of the marriage is pending. Tex. Fam. Code. §8.053 (a)(1)-(2). 

In determining whether a spouse seeking maintenance has exercised diligence in earning sufficient income, the trial court may consider whether the spouse has diligently sought suitable employment, limited his or her expenses, sold separate property, taken loans, and whether the spouse is working full-time or has the capacity to work additional hours. Moreover, in determining what the minimum reasonable needs are for an individual requesting spousal maintenance, the trial court must make a fact-specific determination on a case-by-case basis. However, evidence related to the standard of living of the spouses during the marriage is not sufficient to support a finding of a spouse’s minimum reasonable needs. 

Restrictions on the Amount of Maintenance 

If a court determines that a spouse is eligible to receive maintenance, the court shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors. 

Under Texas Family Code Section 8.052, the relevant factors that the court must consider include:

  1. Each spouse’s ability to provide for that spouse’s minimum reasonable needs independently, considering that spouse’s financial resources on dissolution of the marriage;
  1. The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;
  1. The duration of the marriage;
  1. The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
  1. The effect on each spouse’s ability to provide for that spouse’s minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;
  1. Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
  1. The contribution by one spouse to the education, training, or increased earning power of the other spouse;
  1. The property brought to the marriage by either spouse;
  1. The contribution of a spouse as homemaker;
  1. Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and
  1. Any history or pattern of family violence as defined by Section 71.004.

Further, Texas Family Code Section 8.055 sets forth restrictions on the amount of spousal maintenance that a trial court may require an obligor to pay. A court cannot order an obligor to pay monthly more than the lesser of either $5,000 or 20% of the spouse’s average monthly gross income. Tex. Fam. Code §8.055(a)(1)-(2).

Duration Restrictions for Spousal Maintenance

Pursuant to the Texas Family Code, a court may not order maintenance that remains in effect for more than five years after the date of the order if the spouses were married to each other for less than 10 years and the spouse from whom maintenance is requested was convicted of or received deferred adjudication for an act of family violence or the spouses were married to each other for at least 10 years but not more than 20 years; seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or ten years after the date of the order, if the spouses were married to each other for 30 years or more. Regardless, if a court awards spousal maintenance, it must limit the duration to the shortest reasonable period that allows the spouse seeking maintenance to meet their minimum reasonable needs by obtaining appropriate employment or developing an appropriate skill. Tex. Fam. Code §8.054.

Ending Spousal Maintenance 

The duty to pay spousal maintenance ends once the designated award time-period concludes, but can also end if either spouse dies or the spouse receiving maintenance remarries. In Texas, it can also end if the spouse getting maintenance cohabits with someone with whom she or he has an intimate relationship. 

While court-ordered spousal maintenance is only awarded in limited circumstances in Texas, it is critical for divorcing parties to understand whether or not their circumstances may apply and, further, to understand all of the corresponding duration and amount limits. Because spousal-maintenance in Texas differs from that of other states, it represents an area of family law that divorcing couples commonly misunderstand. It is easy to hear things from friends or family in other states or to see things on TV related to divorce and assume the same rules apply to your situation; however Texas family law has many unique features, with spousal maintenance being a prime example.