Texas calls court-ordered alimony spousal maintenance, and the Family Code sets tight limits on it. A court can order it only if the spouse asking will lack enough property to meet their minimum reasonable needs and meets one of the statute's tests, and payments are capped at the lesser of $5,000 a month or 20% of the payer's average monthly gross income.
That cap is the headline number, and it's real: it's written into Section 8.055 of the Texas Family Code, as of October 2026. But the bigger hurdle comes first. A spouse can fail to qualify for maintenance at all, whatever the income gap.
This is a plain-English summary of what the statute says, checked in October 2026. It isn't legal advice, and a family lawyer or your county court's self-help center can tell you how it applies to your case.
Who qualifies for spousal maintenance in Texas
Section 8.051 starts with a condition that applies to everyone: the spouse seeking maintenance must lack sufficient property, including their separate property, to provide for their minimum reasonable needs. On top of that, one of these has to be true:
- The other spouse was convicted of, or received deferred adjudication for, an offense that's also an act of family violence against the spouse or the spouse's child, within two years before the divorce was filed or while it's pending.
- The spouse seeking maintenance can't earn enough to meet their minimum reasonable needs because of an incapacitating physical or mental disability.
- The spouses have been married for 10 years or longer and the spouse seeking maintenance lacks the ability to earn enough.
- The spouse seeking maintenance is the custodian of a child of the marriage, of any age, who needs substantial care and personal supervision because of a disability that prevents the spouse from earning enough.
The diligence test on the 10 year route
Here's the part that catches people out. For the 10 year marriage route, Section 8.053 creates a rebuttable presumption that maintenance isn't warranted unless the spouse asking has exercised diligence. That means showing effort either in earning enough income for their minimum reasonable needs, or in developing the skills to do so, during the separation and while the divorce is pending.
In plain terms: a spouse who's been out of work for years can still qualify, but a court will want to see job applications, training or other steps taken since the separation, not just a claim that they can't earn.
The Texas alimony cap
| Rule | What the Family Code says |
|---|---|
| Monthly cap | The lesser of $5,000 or 20% of the paying spouse's average monthly gross income |
| What counts as gross income | 100% of wages and salary, including commissions, overtime, tips and bonuses; interest, dividends and royalties; self-employment income; and other listed sources |
| Factors for the amount | Each spouse's ability to meet their own needs, education and skills, the length of the marriage, contribution as homemaker, marital misconduct including adultery and cruel treatment, and any history of family violence |
Those figures are as of October 2026. Whichever limb is lower is the limit, so the 20% figure applies until a payer's income is high enough for 20% to pass $5,000.
How long Texas maintenance can last
| Length of marriage | Longest maintenance order |
|---|---|
| Under 10 years (family violence route) | Five years after the order |
| 10 to 20 years | Five years after the order |
| 20 to 30 years | Seven years after the order |
| 30 years or more | 10 years after the order |
Those are ceilings, not targets. Section 8.054 also tells the court to limit maintenance to the shortest reasonable period that lets the spouse earn enough, unless their ability is substantially diminished by a disability, by caring for an infant or young child of the marriage, or by another compelling impediment. Where the disability or disabled child test applies, maintenance can continue for as long as the spouse still meets it, with periodic reviews if the court orders them.
Court-ordered maintenance vs contractual alimony
This is the distinction that's easy to miss. The caps and time limits above apply to what a court can order. Spouses can also agree to alimony in their divorce settlement, and the Family Code treats that differently.
For example, the income withholding rules in Subchapter C don't apply to contractual alimony unless the contract specifically permits withholding or payments aren't made on time. And a court can't order withholding for any part of an agreed order that goes beyond the amount or period it could have ordered itself. So if you negotiate a bigger or longer deal, the enforcement tools for the extra part may be weaker. This explainer on how wage garnishment works covers the wider rules on taking pay at source.
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When Texas maintenance ends
- On the death of either party.
- On the remarriage of the person receiving it.
- After a hearing, if the court finds the recipient cohabits with someone in a dating or romantic relationship in a permanent place of abode on a continuing basis.
How alimony is taxed
Federal tax follows the date of the agreement, not Texas law. The IRS says the payer can't deduct alimony paid under a divorce or separation agreement executed after 2018, and the recipient doesn't count it as income. Older agreements keep the old treatment unless a modification expressly adopts the new rule. If a divorce ends your health cover under a spouse's workplace plan, this COBRA health coverage guide is worth a read.
Verdict
Texas is strict about alimony, and the statute is clear about why: maintenance is meant to cover minimum reasonable needs for a limited time, not to equalize incomes. If you're asking for it, the property test and the diligence test are where your case will be won or lost, so gather the evidence early. If you're paying, the cap and the time limits are your protection, but only for court-ordered maintenance, not for anything you agree to in a settlement.
Frequently asked questions
What is the maximum alimony in Texas?
A court can't order more than the lesser of $5,000 a month or 20% of the paying spouse's average monthly gross income, under Texas Family Code Section 8.055, as of October 2026.
How long do you have to be married to get alimony in Texas?
For most claims, 10 years or longer. A spouse can qualify after a shorter marriage if the other spouse committed family violence within the statute's time window, or under the disability or disabled-child tests.
How long does spousal maintenance last in Texas?
No more than five years for marriages under 20 years, seven years for 20 to 30 years and 10 years for 30 years or more, and the court must use the shortest reasonable period unless a disability or similar impediment applies.
Does cohabiting end alimony in Texas?
It can. After a hearing, the court must end maintenance if it finds the recipient cohabits with someone in a dating or romantic relationship in a permanent place of abode on a continuing basis.
Is alimony taxable in Texas?
For federal tax, the IRS says alimony under a divorce or separation agreement executed after 2018 isn't deductible by the payer and isn't income for the recipient. Older agreements keep the old treatment unless a modification adopts the new rule.
