Texas “Alimony”
A Guide to How Spousal Maintenance is Calculated, Awarded, or Avoided.
In Texas, what most people call “alimony” is legally known as spousal maintenance—and it isn’t easy to get (or avoid) without the right strategy.
At Whitten Legal, we help clients navigate these decisions with clarity and strategy.
Greg Whitten’s background in finance and litigation means we approach support cases with a precise understanding of income, assets, and the numbers behind the arguments—whether you’re seeking maintenance or defending against it.
The rules are narrow, the caps are strict, and the outcome has long-term financial consequences.
Whether your divorce case is in Collin County or elsewhere in North Texas, this guide will walk you through what matters most to Texas courts when a spouse requests spousal maintenance.
First: Does Spousal Maintenance Apply in Your Divorce?
Whether you’re trying to secure support—or avoid it—the first question is:
Do you (or your spouse) legally qualify for spousal maintenance under Texas law?
Spousal maintenance, also known as alimony in other states, is a court-ordered monthly payment made after divorce to help a former spouse meet their basic needs.
Spousal maintenance is not automatic.
You must qualify under specific legal standards, and even then, the amount and duration are tightly limited under the Texas Family Code.
For better or for worse, Texas doesn’t make qualifying easy.The eligibility rules are narrow and clearly defined in Texas Family Code § 8.051.
These aren’t just suggestions—they’re statutory requirements that must be met before a court can award any maintenance at all.
A judge will first consider: Will the spouse seeking maintenance lack sufficient property, including separate property, to provide for his/her minimum reasonable needs after the divorce is granted?
Your lawyer’s strategy can directly impact whether–and how much–support is ordered.
These limits are designed to keep post-divorce obligations reasonable, and they’re one reason many support disputes focus on eligibility, duration, or modification, rather than the dollar amount alone.
Under Texas Family Code § 8.055, a court cannot order more than:
- 20% of the paying spouse’s average monthly gross income, or
- $5,000 per month—whichever is less
Note: This income cap only applies to court-ordered spousal maintenance. Contractual alimony—agreed to privately in a divorce settlement—can exceed that amount if both parties consent.
But here’s the detail many overlook: The court will only consider the first $25,000 of a spouse’s average monthly gross income when calculating maintenance — even if they earn significantly more.
So, for high earners, 20% of $25,000 = $5,000, which becomes the hard cap. That means a spouse earning $30,000 or $50,000/month in gross income is still only exposed to $5,000/month max in court-ordered maintenance.
Courts won’t order more—even if the recipient’s needs are higher than the cap allows.
Ready To Take the Next Step?
Talk to Greg Whitten, a North Texas family law attorney who knows how to navigate support, strategy, and courtroom expectations with focus and credibility.
Or Call Us: 972-362-3662
5
Years
If spousal maintenance was awarded because of family violence
5
Years
If the marriage lasted 10-20 years
7
Years
If the marriage lasted
20-30 years
10
Years
If the marriage lasted
30 years or more
Going through a divorce is extremely taxing on both parties. Working with Greg and his staff helped reduce some of the stress. His professionalism and in-depth knowledge of family law allowed me to navigate my complex divorce.
–Ryan Leonard, Client
We work closely with our clients to build clear, credible budgets that reflect how courts in Collin, Denton, and Rockwall counties tend to view various expenses.
Minium reasonable needs typically include essential living expenses like housing, utilities, basic food, transportation, necessary medical care, and essential insurance.
Texas courts don’t guess at this number. Instead, they review your actual expenses to determine whether you can meet your needs on your own using your post-divorce income and property. If you can’t, and you meet the legal criteria, the court may consider a maintenance award—but only to the extent necessary to cover those basics.
Frequently Asked Questions
Is Spousal Maintenance Automatic in a Texas Divorce?
No. It must be specifically requested, and the requesting spouse must meet strict eligibility criteria under the Texas Family Code. Judges won’t award it unless the law allows it—and evidence supports the claim.
Can I Receive Spousal Maintenance If I Was a Stay-At-Home Parent?
Possibly—especially in long-term marriages. If your marriage lasted at least 10 years and you can’t support yourself through employment or property alone, you may qualify for support.
Can I Avoid Paying Spousal Maintenance If We’ve Only Been Married for a Few Years?
In most cases, yes. Texas law typically requires a marriage of 10 years or more, unless there’s family violence or another qualifying exception like disability.
Can Spousal Maintenance Be Changed After the Divorce Is Final?
Yes. Either party can ask the court to modify the order if there’s been a material and substantial change in circumstances—such as a job loss, health issue, or change in income.
What Happens If My Ex Doesn’t Pay Court-Ordered Maintenance?
You can file a motion to enforce the order. Remedies may include wage garnishment, liens, contempt proceedings, or other enforcement tools available under Texas law.
Does Texas Have an Alimony or Maintenance Calculator?
No. Unlike child support, Texas does not use a formula to determine the amount of spousal maintenance. The court looks at several statutory factors—including earning ability, needs, and marital history—to decide what’s fair.
What If I Think My Ex is Hiding Income to Avoid Paying Support?
You can use discovery tools like subpoenas, forensic accountants, and lifestyle analysis to uncover discrepancies between reported income and actual financial behavior. Judges take this seriously when deciding support obligations.
What If We Were Married or Lived in Another State?
If you or your spouse moved to Texas after marrying elsewhere, jurisdiction can impact whether a Texas court can award or enforce spousal maintenance. We can help you determine which rules apply.
Why Choose Whitten Legal for Your Spousal Maintenance or Divorce Case?
We help parents and professionals across Collin County navigate spousal maintenance with strategy and clarity. Whether you’re seeking support or protecting your financial future, we deliver:
- Resolution-focused planning
- Courtroom-specific local knowledge
- Honest, practical legal insight every step of the way
Whether you’re seeking fair support or defending your ability to provide, we bring energy, clarity, and confidence to every case.
Start With a Conversation – Contact Us Today
The first step is a strategic consultation designed around your goals. We'll help you understand your options and plan next steps.
Or Call Us: 972-362-3662