Two people pointing at each other, depicting the determination of the responsible party for spousal maintenance in a Texas divorce.

When navigating the complexities of a Texas divorce, understanding the nuances of spousal maintenance—commonly known as alimony—is crucial. In Texas, as in Illinois, the determination of whether a spouse is eligible for maintenance, the amount, and the duration are critical considerations. The initial step is to identify which spouse will be responsible for making maintenance payments.

In Texas, the general presumption might seem straightforward: the higher-earning spouse pays maintenance to the lower-earning spouse. However, the reality is far more complex.

Maintenance: Not a Guarantee in Texas

Unlike some states, Texas does not automatically award spousal maintenance. The Texas Family Code requires a thorough examination of the circumstances surrounding the divorce before maintenance is considered.

Determining the Appropriateness of Maintenance

Before delving into calculations, Texas courts must first establish whether maintenance is justified. According to the Texas Family Code, the court may order maintenance for either spouse if specific eligibility criteria are met. These include:

  • The duration of the marriage was at least 10 years, and the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs.
  • The spouse seeking maintenance is unable to earn sufficient income.
  • The spouse seeking maintenance is the custodian of a child of the marriage who requires substantial care and personal supervision due to a physical or mental disability, making it necessary for the spouse to forgo employment.
  • The spouse seeking maintenance has been a victim of family violence.

Factors Influencing Maintenance

Once the court determines that maintenance is appropriate, several factors come into play, including:

  • Each party’s ability to provide for their minimum reasonable needs independently.
  • The education and employment skills of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income.
  • The duration of the marriage.
  • The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
  • The effect on each spouse’s ability to provide for their minimum reasonable needs while providing child support payments or maintenance.
  • Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property.
  • The contribution by one spouse to the education, training, or increased earning power of the other spouse.
  • The property brought to the marriage by either spouse.
  • The contribution of a spouse as a homemaker.
  • Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage.

Income Differential and Maintenance Caps

In Texas, the law caps spousal maintenance. The amount of maintenance awarded must be the lesser of $5,000 per month or 20% of the spouse’s average monthly gross income. Moreover, the duration of maintenance is limited by statute, generally correlating with the length of the marriage.

Avoiding Maintenance Payments

Parties may agree to forgo maintenance altogether. Such an agreement is typically documented in a prenuptial or postnuptial agreement and is enforceable as long as it meets the requirements of being voluntary and not unconscionable.

Modifiability of Maintenance

In Texas, maintenance is generally modifiable. Either party can file a motion with the court to increase, decrease, or terminate maintenance based on a material and substantial change in circumstances.


The determination of spousal maintenance in a Texas divorce involves a multifaceted legal analysis. It is not a simple matter of income disparity; it requires a careful consideration of statutory eligibility, need, and ability to pay. As with any legal matter, particularly one as potentially life-altering as divorce, it is advisable to consult with an experienced family law attorney

To retain an experienced Texas divorce lawyer for your divorce or child custody case in DallasDentonCollin or Rockwall County, please schedule a consultation with us today.