Sources and scope: the legal statements below were compared with the linked Texas statutes, court rules, and court or agency material. This is general legal information, not advice about a specific case.
A dollar ceiling matters only after eligibility is proved
Section 8.051 first asks whether the spouse seeking maintenance will lack enough property—including that spouse’s separate property—after divorce to provide for minimum reasonable needs. If that threshold is met, the spouse must also prove one of the following statutory paths.
- The other spouse was convicted of, or received deferred adjudication for, a qualifying family-violence offense during the marriage committed against the applicant or the applicant’s child within two years before filing or while the divorce was pending.
- An incapacitating physical or mental disability prevents the applicant from earning enough to meet minimum reasonable needs.
- The marriage lasted at least ten years and the applicant still cannot earn enough to meet minimum reasonable needs.
- A child of the marriage requires substantial care and personal supervision because of a physical or mental disability, preventing the applicant from earning enough outside the home.
The lesser of $5,000 or 20% is the outside limit
Section 8.055 bars a monthly order above the lesser of $5,000 or 20% of the obligor’s average monthly gross income. For example, $12,000 in monthly gross income produces a $2,400 ceiling; $40,000 produces the fixed $5,000 ceiling.
Chapter 8 does not say the ceiling should be awarded whenever a spouse qualifies. The judge may order less after considering the parties’ resources, the applicant’s minimum reasonable needs, the property division, earning ability, and the factors in §8.052. A calculator that knows only income and marriage length cannot decide those facts.
| Obligor’s average monthly gross | 20% of gross | Most the court may order |
|---|---|---|
| $5,000 | $1,000 | $1,000 |
| $12,000 | $2,400 | $2,400 |
| $25,000 | $5,000 | $5,000 |
| $40,000 | $8,000 | $5,000 cap |
The court must use the shortest reasonable period within the maximum
The five-, seven-, and ten-year periods are maximums. Section 8.054 also tells the court to choose the shortest reasonable period that allows the recipient to earn enough for minimum reasonable needs, unless that ability is substantially or totally diminished by the recipient’s disability, duties as custodian of an infant or young child, or another compelling impediment.
| Eligibility path or marriage length | Longest permitted period |
|---|---|
| Under 10 years, qualifying through family violence | 5 years |
| At least 10 but under 20 years | 5 years |
| At least 20 but under 30 years | 7 years |
| 30 years or longer | 10 years |
| Applicant disability or care of a disabled child under §8.051(2)(A) or (C) | May continue while eligibility remains, with periodic review available |
What the judge considers after the threshold is met
These factors help the court select an amount and duration; they do not replace §8.051’s threshold. A documented needs budget, evidence about realistic employment, and the actual property award tell the court more than a percentage of income alone.
- What property and financial resources each spouse will have after the divorce and whether each can meet minimum reasonable needs independently.
- Education, employment skills, time needed for training, age, work history, earning ability, and physical and emotional condition.
- The length of the marriage and how a child-support obligation affects the ability to meet personal needs.
- Excessive or abnormal spending, concealment or destruction of community property, and fraud on the community.
- A spouse’s contribution to the other spouse’s education, training, or earning power.
- Property brought into the marriage, homemaker contributions, marital misconduct, and any history or pattern of family violence.
An agreement to pay alimony follows a different legal route
Statutory maintenance is ordered after the findings required by Chapter 8 and is subject to its amount, duration, and enforcement rules. Contractual alimony is created by the spouses’ settlement. It can use different terms, but enforcement depends on exactly what the agreement and decree say, and Chapter 8 limits when contempt is available for an agreed obligation.
Do not infer federal tax treatment from the label alimony or maintenance. The date and wording of the instrument and any later modification can matter, so tax advice should address the actual documents rather than a generic Texas rule.
Events after divorce can end or change future payments
Future maintenance ends when either spouse dies or the recipient remarries. After a hearing, the court must also terminate future payments if the recipient lives with a dating or romantic partner in a permanent place of abode on a continuing basis. Orders based on the applicant’s disability or care of a disabled child may be reviewed periodically.
A material and substantial change may support modification of future payments under §8.057. Amounts that already accrued cannot be reduced retroactively, so a change in income, health, or living arrangement should not be treated as a self-executing change to the order.
What a real eligibility review needs
- A monthly needs budget supported by current bills, account statements, and realistic housing costs.
- Income records, work history, education, licenses, job skills, applications, and the cost and length of any proposed training.
- Medical evidence explaining not only a diagnosis but how the condition affects the ability to earn income.
- The time and supervision a child’s disability requires and how that care limits outside employment.
- The likely property division, the applicant’s separate property, debt obligations, and whether awarded assets can pay current bills.
- Court records and other lawful evidence relevant to a family-violence path, gathered with appropriate safety planning.
Questions readers often ask
Frequently asked questions
Does Texas award alimony after divorce?
A court may award statutory spousal maintenance only when Chapter 8’s property threshold and an eligibility path are proved. Spouses may also agree to contractual alimony, which is a different obligation with terms drawn from their settlement.
What is the most spousal maintenance a Texas court can order?
The monthly ceiling is the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. It is not a formula for the award and does not establish eligibility.
Am I entitled to maintenance after ten years of marriage?
No. Ten years opens the marriage-length path, but the applicant still must lack enough property and earning ability to meet minimum reasonable needs. The applicant also must overcome the diligence presumption in §8.053.
Can Texas spousal maintenance continue indefinitely?
Most orders have five-, seven-, or ten-year maximums and must use the shortest reasonable period. An order based on the applicant’s disability or care of a disabled child may continue while the statutory eligibility remains, subject to review.
Sources used for this guide
Official sources
- Texas Family Code, Chapter 8 — Spousal maintenance
Sections 8.051–8.056 set the eligibility, amount, duration, review, and termination rules for court-ordered maintenance.
- Texas Family Code, Chapter 7 — Division of marital property
Section 7.001 gives the just-and-right division standard; the rest of the chapter addresses retirement interests, fraud on the community, and related remedies.