Spousal maintenance in Texas is limited by statute. Chapter 8 of the Family Code decides who can receive it, caps the monthly amount and sets how many years an order can last. This page explains eligibility, duration, the payment cap, temporary support during the case and agreed alimony.
Spousal maintenance in Texas is an award, made in a suit to end a marriage, of periodic payments from one spouse's future income to support the other spouse, as defined in Texas Family Code Section 8.001. It is paid on a schedule after the divorce, not as a lump sum.
Many people call these payments alimony. Payments the spouses agree to on their own, often called contractual alimony, work differently and are covered below. Under Section 8.061, unmarried partners who lived together cannot receive maintenance.
Eligibility starts with need: Section 8.051 of the Texas Family Code permits an award only when the requesting spouse will come out of the divorce without enough property, separate property included, to cover minimum reasonable needs. That spouse must also fit at least one of the four situations the statute lists.
For the 10-year route, Section 8.053 presumes maintenance is not warranted unless the requesting spouse has been diligent in earning income or building job skills while separated and during the case. See Section 8.051.
Texas Family Code Section 8.054 caps the length of a maintenance order at five, seven or ten years after the order, depending on how long the spouses were married. Within that cap, the court must choose the shortest reasonable period that lets the receiving spouse meet minimum reasonable needs.
| Length of marriage or basis | Longest order allowed |
|---|---|
| Less than 10 years, eligible through the family violence ground | 5 years after the order |
| At least 10 but not more than 20 years | 5 years after the order |
| At least 20 but not more than 30 years | 7 years after the order |
| 30 years or more | 10 years after the order |
| Incapacitating disability, or care of a disabled child | As long as the spouse still meets that eligibility ground, subject to periodic review |
The shortest-period rule gives way when a disability, duties as custodian of the couple's infant or young child, or another compelling impediment substantially limits the spouse's ability to meet those needs. See Section 8.054.
Texas Family Code Section 8.055 bars a court from ordering monthly maintenance above the lesser of $5,000 or 20 percent of the paying spouse's average monthly gross income. A spouse earning $10,000 a month in gross income, for example, could be ordered to pay no more than $2,000 a month.
Gross income for this cap includes wages, bonuses, self-employment income, interest, dividends, net rental income and retirement benefits. It excludes Social Security, SSI and disability benefits, workers' compensation, VA service-connected disability compensation and public assistance. The full list is in Section 8.055.
Under Section 8.052, the judge weighs factors including each spouse's resources and job skills, the length of the marriage, age and health, homemaker contributions, marital misconduct and family violence.
Texas Family Code Section 8.056 ends future maintenance when either spouse dies or the receiving spouse remarries. A court must also end it, after a hearing, if the receiving spouse lives with a romantic partner in a permanent home on a continuing basis. Payments already due are still owed.
Temporary spousal support is money one spouse pays the other while the divorce is still pending. Texas Family Code Section 6.502(a)(2) lets the court order payments for the support of either spouse during the case, after notice and a hearing. Post-divorce maintenance under Chapter 8 is a separate question decided in the final decree.
Contractual alimony is support the spouses agree to in writing as part of a settlement. Section 7.006 allows a written settlement to address maintenance. Under Section 8.059(a-1), though, a court may not use contempt to enforce any part of an agreed order beyond the amount or length a court could have ordered under Chapter 8. Section 8.101(a-2) also bars income withholding for that excess. The excess is still owed, though. In In re Green, No. 06-0496 (Tex. 2007), the Supreme Court of Texas held that agreed alimony beyond the Chapter 8 limits is a contract debt, which can be collected through ordinary contract remedies, such as a suit for breach of contract, but not by contempt. The authority for temporary support is in Section 6.502.
Maintenance turns on what each spouse leaves the marriage with, so it is decided alongside the property division and any child support. A premarital agreement can also modify or eliminate spousal support.
Readers in Conroe and Cypress have local pages, and the Montgomery County family courts page explains where Montgomery County divorces are heard.
Not exactly. The Texas Family Code uses "maintenance" for payments a judge orders under Chapter 8, which limits eligibility, amount and length. Support the spouses agree to in a settlement is often called alimony and can follow different terms.
The ceiling in Section 8.054 depends on how long the couple was married: five years for marriages under 20 years, seven years for marriages of 20 to 30 years, and ten years for marriages of 30 years or more. Maintenance based on a disability or on caring for a disabled child can continue as long as that ground still applies. A marriage of less than 10 years qualifies only on the family violence, disability or disabled child grounds.
Section 8.055 caps maintenance at the lesser of $5,000 a month or 20 percent of the paying spouse's average monthly gross income. The judge can order less than the cap after weighing the factors in Section 8.052.
Under Section 8.056, remarriage of the receiving spouse or the death of either spouse ends future maintenance. If the receiving spouse lives with a romantic partner in a permanent home on a continuing basis, the court must end it after a hearing.
A spouse can ask the court for temporary support. Texas Family Code Section 6.502(a)(2) allows a temporary order for the support of either spouse while the case is pending, after notice and a hearing. It is decided separately from post-divorce maintenance.
Last reviewed: November 8, 2026. Statute sections and figures on this page were checked against the Texas Family Code on the Texas Legislature website on November 7, 2026.
Whether you may receive maintenance or be asked to pay it, Jessica Fritz can explain how Chapter 8 applies to your situation. Call or send a message to set up a first appointment in Conroe.
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