Texas does not guarantee alimony. The state has strict rules about when one spouse can receive financial support after a divorce. Courts do not order alimony but may enforce agreements between spouses.
Alimony vs. spousal maintenance
In Texas, alimony and spousal maintenance are not the same. Alimony is a payment one spouse agrees to make to the other after divorce. The court orders spousal maintenance. It is temporary and helps the receiving spouse meet basic needs while they gain financial independence.
To qualify for spousal maintenance, a spouse must meet specific requirements. The court only orders maintenance if:
- The marriage lasted at least 10 years.
- The spouse cannot support themselves due to a physical or mental disability.
- The spouse cares for a special-needs child who requires ongoing care.
- The paying spouse committed family violence within two years of the divorce or during the case.
How courts decide on spousal maintenance
Courts consider many factors before awarding spousal maintenance. These include:
- How long the marriage lasted
- Each spouse’s age and health
- Employment history and skills of both spouses
- Contributions to the marriage, including childcare and homemaking
- Financial resources of both spouses
The law also sets limits on the amount and duration of payments. The court orders the lesser of $5,000 or 20% of the paying spouse’s monthly income. Payments last between five and ten years, depending on how long the marriage lasted. For marriages over 30 years or cases involving disability, payments may last longer.
Agreeing to alimony
Spouses can choose to include alimony in their divorce settlement. Unlike spousal maintenance, the court does not mandate these payments, giving couples flexibility to decide what works best for them. Since every case is different, it’s recommended that they consult an experienced attorney for personalized advice.
Alimony is not automatic in Texas. Spousal maintenance is also rare and only applies under specific conditions. Understanding the difference between these types of support can help divorcing couples plan their financial futures.