If you’ve heard that Texas “doesn’t have alimony,” that’s only partly true. Texas is stricter than many states, but there are three different ways one spouse can end up paying support to the other: temporary spousal support while the case is pending, court-ordered spousal maintenance after the divorce, and contractual alimony that spouses agree to. Each works differently. This guide explains all three, so you can understand what might apply in your Seguin or Guadalupe County divorce.
| Temporary spousal support | Spousal maintenance | Contractual alimony | |
|---|---|---|---|
| When | While the divorce is pending | After the divorce | After the divorce |
| How it’s set | Court order (temporary orders) | Court order under strict statutory rules | Agreement between spouses |
| Statutory caps | Not subject to the maintenance caps | Yes, on amount and length | No; can be more or longer |
| Ends | When the divorce is final (or as ordered) | At the end of the term, death, remarriage, or as the law allows | As the agreement says |
Temporary spousal support during the divorce
A divorce can take months. When one spouse earned most of the income and the other depends on it, a court can order temporary support as part of temporary orders. The purpose is to keep both spouses afloat until the case is resolved.
Temporary support isn’t limited by the eligibility rules and caps that apply to post-divorce maintenance. The court looks at each spouse’s needs and the other’s ability to pay. It can take the form of direct payments or an order that one spouse keep paying certain bills, such as the mortgage, car note or insurance. It ends when the final decree is signed unless the decree says otherwise.
Court-ordered spousal maintenance
Spousal maintenance is what most people mean by “alimony.” Texas allows it only in limited circumstances.
Step 1: The spouse must lack sufficient property
The spouse asking for maintenance must show that, after the divorce, they will lack enough property, including their separate property and what they receive in the divorce, to provide for their minimum reasonable needs.
Step 2: One of these must also be true
- Family violence: the other spouse was convicted of, or received deferred adjudication for, a family violence offense against the requesting spouse or their child, within two years before the divorce was filed or while the case is pending; or
- Long marriage: the marriage lasted 10 years or more and the requesting spouse lacks the ability to earn sufficient income to meet their minimum reasonable needs; or
- Disability: the requesting spouse can’t earn sufficient income because of an incapacitating physical or mental disability; or
- Disabled child: the requesting spouse is the custodian of a child of the marriage who requires substantial care because of a physical or mental disability, preventing the spouse from earning sufficient income.
In long-marriage cases, courts generally expect the requesting spouse to have made diligent efforts to earn income or develop job skills while the case is pending.
How much: the cap
Monthly maintenance can’t exceed the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. Within that cap, the court considers factors such as each spouse’s resources, education and job skills, age, health, the length of the marriage, contributions as a homemaker, and any marital misconduct.
How long: the time limits
| Situation | Maximum length |
|---|---|
| Married less than 10 years (family violence basis), or married 10 to 20 years | Up to 5 years |
| Married 20 to 30 years | Up to 7 years |
| Married 30 years or more | Up to 10 years |
| Disability of the spouse, or caring for a disabled child | May continue as long as the condition continues, subject to review |
Courts are directed to order the shortest reasonable period that allows the spouse to become able to meet their minimum reasonable needs, unless a disability or similar reason prevents it. These are maximums, not targets.
When maintenance ends or changes
Court-ordered maintenance ends when either spouse dies or the receiving spouse remarries. The court can also terminate it if the receiving spouse lives with someone in a romantic or dating relationship in a permanent place of abode on a continuing basis. A party can ask the court to modify maintenance, such as reducing it, if there’s a material and substantial change in circumstances, within limits set by the statute. Court-ordered maintenance can be enforced through contempt and wage withholding.
Contractual alimony
Spouses can agree to support payments that go beyond what a court could order, in amount, length, or both. This is called contractual alimony. It’s common in settlements where one spouse wants more of the retirement or the house, and the other agrees to pay support instead, or where the spouses simply believe it’s fair after a long marriage.
Because it’s a contract, its terms matter a great deal: how much, for how long, what ends it (remarriage, cohabitation, death, retirement), whether it can be modified, and how it can be enforced. Depending on how it’s written, contractual alimony may be enforceable as a contract rather than through contempt. Have the language reviewed carefully. Premarital agreements can also address alimony; see prenuptial and postnuptial agreements in Texas.
Taxes
Under current federal tax law, for divorces finalized after 2018, alimony and maintenance payments generally aren’t deductible by the payer and aren’t counted as taxable income for the recipient. Talk to a tax professional about your situation.
Alimony vs. child support
Child support is separate. It’s based on Texas guidelines and the children’s needs, and both can be ordered in the same case. You can estimate support with our child support calculator, and read more about how child support works in Texas.
Frequently asked questions
Am I automatically entitled to alimony after 10 years of marriage?
No. A 10-year marriage is one possible basis, but you must also show you lack sufficient property and can’t earn enough income to meet your minimum reasonable needs.
What is the most spousal maintenance a Texas court can order?
The lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income, for a limited time based on the length of the marriage and other factors.
Can we agree to more alimony than the law allows?
Yes. Spouses can agree to contractual alimony that exceeds the statutory limits on amount or duration.
Can I get support while the divorce is pending?
Possibly. Courts can order temporary spousal support during the case based on need and ability to pay, separate from the rules for post-divorce maintenance.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.