Spousal Maintenance

Understanding Spousal Maintenance in Texas: What You Need to Know About Spousal Maintenance

Spousal Maintenance—legally known in Texas as spousal maintenance—is financial support paid by one spouse to the other after divorce. But unlike some other states, Texas law sets a high bar for awarding spousal maintenance. If you're facing divorce and wondering whether Spousal Maintenance applies to your situation, here's what you need to know.

Is Spousal Maintenance Automatically Granted in Texas?

No, Spousal Maintenance is not automatic in Texas. The spouse requesting it must show they lack the ability to meet their minimum reasonable needs after divorce.

The court will consider maintenance only if one of the following applies:

1. The paying spouse was convicted of family violence during the marriage (within 2 years before filing or while the case is pending)

2. The marriage lasted 10+ years and the requesting spouse:

- Lacks the ability to earn enough due to lack of skills or education

- Is the primary caretaker of a disabled child

- Has a disability themselves

Example: A spouse who stayed home for 15 years to raise children and now lacks recent work experience may qualify for maintenance—especially if they’re also caring for a special needs child.

How Much Spousal Maintenance Can Be Awarded?

Texas limits both the amount and duration of spousal maintenance.

- Amount: The lesser of $5,000/month or 20% of the paying spouse’s average monthly gross income

- Duration:

- 5 years for marriages lasting 10–20 years or in cases involving family violence

- 7 years for marriages lasting 20–30 years

- 10 years for marriages over 30 years

The court aims for the recipient to become self-sufficient as soon as reasonably possible.

Factors the Court Considers

Texas courts weigh multiple factors when deciding whether to award Spousal Maintenance:

- Duration of the marriage

- Age, health, and earning ability of both spouses

- Contributions as a homemaker or stay-at-home parent

- Financial misconduct (like hiding assets)

- Property division outcome

Example: If one spouse earns $150,000 a year and the other has been unemployed due to caregiving, the court may grant short-term Spousal Maintenance to help the dependent spouse get back on their feet.

Modifying or Ending Spousal Maintenance

Spousal Maintenance orders can be modified if there’s a substantial change in circumstances—such as job loss or serious illness. It also automatically ends if the receiving spouse remarries or cohabitates with a romantic partner.

Final Thoughts

Spousal maintenance in Texas is designed to offer short-term support—not permanent dependency. Whether you’re seeking Spousal Maintenance or being asked to pay it, understanding your rights and responsibilities is critical. We help clients navigate this process with clarity, strategy, and strong advocacy.


📥 Free Guide: “Do You Qualify for Spousal Maintenance in Texas?”

Download Our Free Spousal Maintenance Checklist Here

© Copyright 2025. MoralesPadiaLaw. All Rights Reserved.