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Understanding Spousal Maintenance in Texas
Eligibility: Who Can Receive Maintenance?
Texas law is much stricter than many other states. Spousal maintenance is not a given. The court presumes it is not warranted. To overcome this, a spouse seeking maintenance (the "obligee") must first prove they will lack sufficient property (including their share of the community estate) to provide for their "minimum reasonable needs" after the divorce.
If they prove this need, they must also satisfy at least one of the following conditions:
- 10+ Year Marriage: The marriage lasted 10 years or more, AND the requesting spouse clearly lacks the ability to earn sufficient income to meet their minimum needs. They must show they have been diligent in trying to find employment or develop skills.
- Family Violence: The other spouse was convicted of (or received deferred adjudication for) a criminal offense that also constitutes an act of family violence, committed during the marriage against the spouse or their child.
- Disability: The requesting spouse has an incapacitating physical or mental disability that prevents them from earning a sufficient income.
- Care of Disabled Child: The requesting spouse is the primary caretaker of a child of the marriage (of any age) who has a substantial disability requiring constant care, which prevents the spouse from working.
How Maintenance is Calculated
If a spouse is eligible, Texas law imposes strict caps on the amount a court can order. The law's purpose is to provide a temporary safety net, not to equalize lifestyles. The monthly payment will be the lesser of:
- $5,000 per month; or
- 20% of the paying spouse's average gross monthly income.
This calculator shows this maximum statutory amount. However, a judge is not required to award the maximum. They will also consider many other factors, including the marital standard of living, contributions as a homemaker, any marital misconduct, and the property brought to the marriage by each spouse. The final award is often less than the calculated maximum.
How Long Can Maintenance Last?
The duration limits are absolute maximums. The law orders maintenance for the "shortest reasonable period" that allows the recipient to become self-sufficient. A judge will not automatically grant the maximum term.
- Up to 5 Years: For marriages lasting between 10 and 20 years, or for shorter marriages involving family violence.
- Up to 7 Years: For marriages lasting between 20 and 30 years.
- Up to 10 Years: For marriages lasting 30 years or more.
When Does Maintenance End?
A court-ordered maintenance obligation automatically terminates on the earliest of the following events:
- Death of either the paying or receiving spouse.
- Remarriage of the receiving spouse.
- Cohabitation by the receiving spouse. This means they are living with a third party in a permanent, romantic relationship.
- The end date specified in the divorce decree.