Texas Spousal Maintenance vs. Contractual Alimony
Texas distinguishes between two types of post-divorce support: court-ordered spousal maintenance and contractual alimony. Spousal maintenance is governed by Texas Family Code Chapter 8 and is ordered by the court when specific statutory criteria are met. Contractual alimony, by contrast, is an agreement between the parties — it can be more flexible in amount and duration than what a court would order, and it is enforced as a contract rather than as a court order.
Key Distinction
Contractual alimony agreed upon by the parties is not subject to the statutory caps on court-ordered maintenance. This flexibility makes negotiated support agreements an important option in many cases, particularly where one spouse wants support beyond what the statute allows.
Eligibility for Court-Ordered Spousal Maintenance
Under Texas Family Code §8.051, a spouse seeking maintenance must first demonstrate inability to meet their minimum reasonable needs from their own property. This is a threshold requirement — and meeting it alone is not enough. The spouse must also meet one of the following additional criteria:
- The marriage lasted at least 10 years and the requesting spouse lacks the ability to earn sufficient income to meet minimum reasonable needs
- The other spouse has been convicted of or received deferred adjudication for family violence against the requesting spouse or the couple's child within two years of filing or during the pendency of the divorce
- The requesting spouse has a physical or mental disability that prevents earning sufficient income
- The requesting spouse is the custodian of a child of the marriage (of any age) who requires substantial care due to a physical or mental disability that prevents the custodian from earning sufficient income
The 10-Year Threshold
The most commonly invoked ground for maintenance is the 10-year marriage duration. Even then, the requesting spouse must demonstrate that they lack the ability, after diligent efforts, to earn income sufficient for their minimum reasonable needs. Courts will look at the requesting spouse's education, employment history, marketable skills, and whether they can reasonably acquire additional training or skills.
Duration Limits
Texas Family Code §8.054 caps the duration of court-ordered spousal maintenance. The maximum duration is generally the shortest period that allows the supported spouse to meet minimum reasonable needs, not to exceed:
- 5 years — for marriages lasting at least 10 but fewer than 20 years, or for cases based on family violence conviction or deferred adjudication
- 7 years — for marriages lasting at least 20 but fewer than 30 years
- 10 years — for marriages lasting at least 30 years
- Indefinite — only for a spouse whose ability to earn is substantially limited by a physical or mental disability or by the custodial duties for a disabled child
These are maximum durations. Courts have broad discretion to award shorter periods and typically do so. Courts may also periodically review whether maintenance should continue.
Amount Limits
Court-ordered spousal maintenance is capped at the lesser of $5,000 per month or 20% of the obligor's average monthly gross income (Texas Family Code §8.055). Courts determine the actual amount by considering multiple factors including:
- Each spouse's financial resources and separate property
- The requesting spouse's education level and employment history
- Whether the requesting spouse contributed to the other spouse's education, training, or increased earning capacity
- Length of the marriage
- Age, employment history, earning ability, and physical and emotional condition of the requesting spouse
- Excessive or abnormal community debt expenditure by the obligor
Modification and Termination
Court-ordered spousal maintenance terminates automatically on the death of either spouse or upon the remarriage of the receiving spouse (Texas Family Code §8.056). It also terminates if the receiving spouse cohabitates with another person in a romantic relationship. Maintenance can be modified if circumstances have materially and substantially changed — either party can petition the court for modification.
When Maintenance Is Worth Pursuing
Whether to seek spousal maintenance — and whether to fight it — depends on the specific facts of your case. Factors to consider:
- Whether you clearly meet the eligibility threshold (10-year marriage, documented inability to meet minimum needs)
- Whether the paying spouse has income above the cap threshold
- Whether contractual alimony is a viable negotiating tool to achieve a broader settlement
- The cost and complexity of litigating maintenance versus reaching an agreed-upon support arrangement
In many cases, a well-negotiated contractual alimony provision — structured as part of a comprehensive settlement — produces better results than pursuing court-ordered maintenance at trial. We evaluate both paths and advise you on the realistic range of outcomes given your circumstances.
Frequently Asked Questions
Texas does not use the word "alimony" in its statutes. The state provides for "spousal maintenance" under specific statutory criteria, and parties may also agree to "contractual alimony." Both serve a similar purpose — ongoing financial support after divorce — but they are legally distinct and enforced differently.
For marriages shorter than 10 years, court-ordered maintenance is generally not available unless your spouse committed family violence or you have a qualifying disability. However, contractual alimony is always available by agreement — the 10-year threshold applies only to court-ordered maintenance, not to negotiated support.
Court-ordered maintenance is typically periodic (monthly) payments. However, the parties can agree to a lump sum payment of contractual alimony as part of a settlement. A lump sum is enforceable as a contract rather than as a court order, with different enforcement mechanisms.
Court-ordered maintenance can be enforced through contempt of court, which can include fines and incarceration. Contractual alimony is enforced differently — through breach of contract actions. The enforcement mechanism matters when structuring the support arrangement.
Serving Collin County
Landers Family Law serves clients throughout Collin County and the surrounding communities of North Texas. Our McKinney office is centrally located for clients in McKinney, Frisco, Plano, Allen, Prosper, Celina, and the surrounding areas.