Last Updated on November 12, 2026 by Successful Black Parenting Staff
If you are a parent going through a divorce, understanding how spousal support in Texas works can help you plan for your children’s stability as well as your own. Below, you will find the factors courts weigh, the limits Texas law sets, and practical questions to bring to your attorney.
Spousal support, or alimony, is not a given in a Texas divorce. However, there are situations where it is appropriate. Your Houston divorce lawyers will be able to tell you more about your specific situation and whether you’re likely to get spousal support (or have to pay it).
From Houston Divorce Lawyers: What Factors Influence Spousal Support Decisions?
Texas treats this issue a little differently from some other states, including by setting some limits on how much support a spouse can receive and how long the support can go on. In general, Texas encourages spouses to go to work and support themselves, as this is best both for the economy and for the individual. However, spousal support is certainly indicated in some cases, and the court will look at the following factors in making determinations about amounts and time limits.
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Whether It’s Necessary
The first question for the court will be whether the support is necessary at all. If there is a contract in place between the spouses, then this will generally hold unless it is found to be egregiously unfair; but for the court to order spousal support, the spouse who is seeking the support must be able to show that they need it.
For example, they must be able to show that a disability would prevent them from earning the income they need. If the marriage lasted longer than 10 years, and they are not able to provide for their minimum needs even though they have attempted to get a job or get the skills they need to become self-supporting, the court may also order temporary spousal support.
The court may also order support if there is a child who needs special care and supervision to the degree that it would prevent the parent with custody from earning enough money to meet their own needs. Finally, if one of the spouses has committed domestic violence either against their spouse or against the child within two years of the divorce, the court will typically order spousal support. Find out more here about how to get help in showing that spousal support is necessary.
Financial Situation
Spousal Support in Texas at a Glance: Limits and Time Frames
Texas calls court-ordered alimony “spousal maintenance,” and Chapter 8 of the Texas Family Code sets firm limits on it. Here are the basics every parent should know before negotiating a settlement:
- Amount cap: A court generally cannot order more than $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is less.
- Length of the marriage matters: For marriages of less than 10 years (when family violence is the basis) or 10 to 20 years, maintenance is generally limited to 5 years. Marriages of 20 to 30 years can see up to 7 years, and marriages of 30 years or more can see up to 10 years.
- Shortest reasonable period: Courts are expected to keep maintenance as short as reasonably possible, unless the spouse has a disability or is caring for a child with a disability. In those cases, support can continue as long as the condition lasts.
- When it ends: Court-ordered maintenance ends when either spouse dies or the receiving spouse remarries, and a court can end it if the receiving spouse lives with a romantic partner on a continuing basis.
- Agreements are different: Spouses can agree to contractual alimony in a settlement, and those terms may differ from what a judge could order.
Nonprofit TexasLawHelp.org offers a plain-language guide to spousal maintenance, including free forms and information on finding legal aid if you cannot afford a lawyer.
How Spousal Support and Child Support Work Together
Spousal support and child support are separate. Child support belongs to your child, while spousal maintenance is meant to help a former spouse meet their own minimum reasonable needs. Courts consider how much child support will be paid when deciding on maintenance, so the two are often discussed together. To learn more, read our guide on how child support is determined in divorce cases, and visit the Texas Attorney General’s Child Support Division for state services.
Whatever the financial outcome, children do best when parents keep conflict away from them. Our tips on what healthy co-parenting looks like after divorce and how to keep a good relationship when co-parenting can help you protect your child during this transition.
Checklist: What to Gather Before Meeting a Family Law Attorney
- Your last two to three years of tax returns and recent pay stubs
- A written monthly budget showing your family’s real living expenses
- A list of debts, assets, and accounts, including retirement accounts
- Records of time you spent out of the workforce caring for children or family
- Documentation of any child’s special care needs and related costs
- Any prenuptial or marital agreements
- If family violence is a concern, any protective orders or police reports, and a safety plan
Spousal Support in Texas: Frequently Asked Questions
Is alimony automatic in Texas?
No. The spouse asking for maintenance must show they qualify under the Texas Family Code and that they lack enough property, including property received in the divorce, to meet their minimum reasonable needs.
Can spousal support be changed later?
Court-ordered maintenance can be modified if there is a material and substantial change in circumstances. Contractual alimony depends on the terms of the agreement, so read it carefully before signing.
Does temporary support during the divorce count?
Temporary support ordered while the case is pending is separate from post-divorce maintenance. Ask your attorney how both may apply to your situation.
This article is for general information and is not legal advice. Laws change, so speak with a licensed Texas family law attorney about your specific situation.
If one of the spouses can show that they should be awarded support, the court will then consider how much and for how long the support should continue. The court will look at all the financial resources of both spouses once the property division has been made during the divorce. They will also consider things like age, employment history, and health; whether either of the spouses was wasteful with jointly owned money or other assets during the marriage; how much child support will be paid; the financial obligations of both parties; and any misconduct during the marriage, like violence or adultery.
If one of the spouses was a homemaker for the entirety of the marriage, the court is fairly likely to award them at least temporary spousal support until they can gain the experience or training needed to get a job to support themselves.
If you need spousal support or need help to defend yourself from a spouse unfairly seeking support, be sure to talk with a family law attorney as soon as possible.
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