Spousal Support
Spousal support—also referred to as alimony or spousal maintenance—is financial assistance that one spouse may be ordered to pay the other following a divorce. Texas takes a more conservative approach than many other states, placing a strong emphasis on self-sufficiency and limiting maintenance to situations where it is truly necessary. The purpose of spousal maintenance is to help the receiving spouse meet their minimum reasonable needs while working toward independence, whether through education, training, or employment.
Spousal Support
In Texas, spousal maintenance is governed by the Texas Family Code. Eligibility is based on several factors, including the length of the marriage, each spouse’s financial resources, and each party’s contributions during the marriage. Courts also consider age, health, earning capacity, and any history of family violence when determining whether maintenance is appropriate. Typically, the requesting spouse must show that they will be unable to meet their minimum reasonable needs after the divorce without support. A marriage of at least 10 years is often the threshold for consideration, although exceptions exist in cases involving family violence, disability, or where one spouse is caring for a disabled child.
Texas law also gives spouses the option to negotiate contractual alimony, which can provide greater flexibility than a court-ordered maintenance award. Modifications of court-ordered maintenance may be available when there is a substantial and material change in circumstances, but enforcement is strict, and non-payment can result in legal consequences.
When evaluating whether to award maintenance, courts look at the entire financial picture, including education, employment history, and non-economic contributions such as homemaking or supporting the other spouse’s career. Maintenance is not automatic and is designed as a temporary measure to bridge the gap until the receiving spouse can reasonably support themselves. The duration of support is generally limited under Texas law and correlates with the length of the marriage:
- 10 to 20 years: up to 5 years
- 20 to 30 years: up to 7 years
- 30 years or more: up to 10 years
Texas also allows modification of spousal maintenance obligations when a material and substantial change affects either spouse—for example, a loss of employment, disability, or a significant increase in the recipient’s earnings. To seek modification, a party must file a motion with the court and present evidence supporting the change. The court then reviews whether the original order remains fair and may adjust or terminate support accordingly. Contractual alimony may restrict or define modifications based on the terms of the agreement, so it is important to understand the provisions in place.
Maintenance typically ends automatically upon remarriage of the recipient or the death of either party. Because eligibility, duration, modification, and enforcement can be complex and fact-specific, experienced legal guidance is essential whether you are seeking, negotiating, modifying, or defending against spousal support.