Texas Legal Glossary · Family Law

Spousal Maintenance

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Spousal maintenance is court-ordered post-divorce support under Texas Family Code Chapter 8, available only to a spouse who meets the eligibility rules in § 8.051 and capped at the lesser of $5,000 per month or 20 percent of the payor’s average monthly gross income.

Also called: alimony, spousal support, court-ordered maintenance

What spousal maintenance means in Texas

Spousal maintenance is the Texas term for court-ordered alimony. Texas is restrictive about it. Under Family Code § 8.051, a court may order maintenance only if the requesting spouse will lack sufficient property after divorce to meet minimum reasonable needs, and one of four additional conditions is met: the other spouse was convicted of or received deferred adjudication for family violence within two years before filing or during the case; the requesting spouse has an incapacitating disability; the marriage lasted 10 years or longer and the requesting spouse lacks the ability to earn sufficient income; or the requesting spouse cares for a child of the marriage who requires substantial care because of a disability.

Court-ordered maintenance is different from contractual alimony, which spouses agree to in a settlement. Contractual alimony is enforced as a contract, not under Chapter 8, and is not bound by the statutory limits.

How it works in practice

Section 8.055 caps maintenance at the lesser of $5,000 per month or 20 percent of the paying spouse’s average monthly gross income. Section 8.054 limits duration: five years for a marriage of 10 to 20 years or for the family violence ground, seven years for 20 to 30 years, and 10 years for 30 years or more. The court must order the shortest reasonable period that allows the spouse to become self-supporting, unless the disability or disabled child ground applies.

Section 8.053 adds a presumption against maintenance in the 10 year marriage case unless the requesting spouse has exercised diligence in earning income or developing skills. Maintenance ends on the death of either party, the recipient’s remarriage, or a finding of cohabitation with a romantic partner under § 8.056.

Why it matters in your case

Most Texas divorces involve no maintenance at all. Where a spouse does qualify, the cap and duration limits mean the award is a bridge, not a permanent income. Spouses who want more or longer support negotiate contractual alimony or a larger share of the community estate in the just and right division. We often see maintenance claims traded against property at mediation.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.