Family Law
Can I get alimony in Texas?
By Ted Smith, Attorney · Originally published January 24, 2022. Updated July 16, 2026.
It’s a common myth that Texas doesn’t award alimony in a divorce. That’s not quite right. Texas calls it “spousal maintenance,” and unlike some states, it isn’t automatic. A judge can only order it if the spouse asking for it proves specific facts to the court. If you’re wondering whether you might qualify, here’s what the law actually requires, in plain terms.
What is spousal maintenance in Texas?
Spousal maintenance under Chapter 8 of the Texas Family Code is court-ordered financial support paid after a divorce. Temporary spousal support while a divorce is pending is a separate form of relief authorized through temporary orders under Chapter 6. Because post-divorce maintenance is not guaranteed, the spouse requesting it carries the burden of proving eligibility first, before a judge even considers the amount.
Who qualifies for spousal maintenance
For court-ordered maintenance, the requesting spouse must first lack sufficient property after the divorce to provide for their minimum reasonable needs. The spouse must also qualify under at least one of these grounds:
- Family violence. The other spouse was convicted of, or received deferred adjudication for, a family violence offense against the requesting spouse or their child, committed within two years before the divorce was filed or while it’s pending.
- Incapacitating disability. The requesting spouse cannot earn enough income to meet their minimum reasonable needs because of an incapacitating physical or mental disability.
- A marriage of 10+ years. The marriage lasted at least 10 years, and the requesting spouse lacks the ability to earn enough income to meet their minimum reasonable needs.
- Care of a disabled child. The requesting spouse is the custodian of a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning enough income to meet their minimum reasonable needs.
Simply wanting support, or having been the lower earner, is not enough on its own. The requesting spouse has to put admissible evidence in front of the judge. Spouses may separately negotiate contractual support, which is not a Chapter 8 maintenance award.
How much can a judge award, and for how long?
If eligibility is proven, the court then decides the amount and duration. By statute, a judge cannot order more than the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income.
Duration is also capped, tied to how long the marriage lasted:
- Marriages of 10 to under 20 years: maintenance generally lasts up to 5 years.
- Marriages of 20 to under 30 years: up to 7 years.
- Marriages of 30 years or more: up to 10 years.
For a spouse who qualifies because of an incapacitating disability or because they care for a disabled child under the statutory criteria, maintenance may continue for as long as the eligibility conditions exist. The order remains subject to periodic review and modification.
What the court weighs in setting the amount
Once eligibility is established, a judge looks at the full financial picture: each spouse’s resources after the property division, education and employment skills, the time it would realistically take to get training or a job, the marriage’s duration, and each spouse’s age and health. None of these factors guarantee a specific dollar amount. Every case is different, which is why proving both eligibility and need with real documentation matters.
Military divorces add complexity
Fort Hood (formerly Fort Cavazos) families face a few extra wrinkles. Deployments, PCS moves, and military pay structures can affect both the timing of a divorce and how a judge views a spouse’s earning capacity. If retirement pay or disability compensation is part of the picture, those issues intersect with property division as much as with maintenance. If your case also touches on updating a will, beneficiary designations, or a power of attorney after divorce, that’s a separate but related step worth planning for.
How a spousal maintenance request moves through court
A request for spousal maintenance is typically raised as part of the divorce petition or response, not as a separate lawsuit. From there, both spouses exchange financial information, often through a sworn inventory of income, assets, and debts. If the case doesn’t settle, the judge hears evidence on eligibility first. Only if that threshold is met does the court move on to deciding the amount and duration. Because the burden of proof sits with the requesting spouse, gathering pay records, bills, medical documentation, or evidence of family violence early in the case matters more than most people expect.
Frequently asked questions
Does Texas have “alimony” as a separate legal category? No. Texas law uses the term “spousal maintenance.” Some divorcing spouses also negotiate private contractual alimony as part of a settlement agreement, which works differently than court-ordered maintenance.
Can spouses agree to spousal maintenance without meeting the statutory grounds? Yes. Spouses can agree to spousal support as part of a settlement even if the formal eligibility requirements aren’t met. That’s a negotiated agreement, not a court-ordered maintenance award under Chapter 8.
Is spousal maintenance the same as temporary support during the divorce? No. Temporary spousal support can be ordered while a divorce is pending, separate from the post-divorce spousal maintenance discussed here. The rules and standards differ.
What happens if the paying spouse’s income changes after the order? A spousal maintenance order can potentially be modified if there’s a material and substantial change in circumstances. That requires going back to court.
Do I need a lawyer to request spousal maintenance? You aren’t required to have one, but proving eligibility requires admissible evidence of need, income, and (if applicable) family violence. Missing a required element can mean losing the claim entirely.
Sources
- Texas Family Code § 6.502 (Temporary Orders), Texas Legislature Online
- Texas Family Code, Chapter 8 (Spousal Maintenance), Texas Legislature Online
- Spousal Maintenance (Alimony), TexasLawHelp.org
If you’re facing a divorce in Killeen, Temple, Copperas Cove, Harker Heights, Lampasas, or the Fort Hood area and want to understand where you stand on spousal maintenance, call or text (254) 690-5688 for a consultation, or reach out through our contact page.