Call Us

FAQs About
Spousal Maintenance
In Texas

FAQs About
Spousal Maintenance
In Texas

Frequently Asked Questions About Spousal Maintenance in Texas

How much alimony can I expect to receive or pay in my Texas divorce?

In Texas, alimony is referred to as spousal maintenance. The maximum spousal maintenance payment currently allowed in Texas is $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, whichever is less.

Try our Texas spousal maintenance calculator to get an idea of what your payments may look like.

How long do you have to be married to receive alimony in Texas?

Typical qualifications for alimony in Texas are that the marriage must have lasted at least ten years, and the person requesting support, known as the obligee, is unable to earn enough to meet basic needs. Some other less common requirements include a family violence conviction within the last two years of being responsible for caring for a disabled child who requires constant care.

View our top 10 things you should know about Texas alimony payments.

How long do spousal maintenance payments last after a Texas divorce?

In Texas, there are limits on the length of time that spousal maintenance can be ordered. Spousal maintenance payments cannot last more than five years if the couple has been married 10 years, seven years if they have been together for 20, and 10 years if they’ve had a marriage of 30 or more years. Ultimately, the court has complete discretion over the duration that spousal maintenance is to be paid.

Is it hard to qualify for spousal maintenance in Texas?

If you are seeking spousal maintenance in a Texas divorce, the court has to determine that your reasonable needs will not be met post-divorce. The statute does not allow an award of maintenance sufficient enough so that you can meet your current standard of living. Generally speaking, those minimal reasonable needs include shelter over your head, transportation, and food on the table.

Can the amount of spousal maintenance payments be changed in Texas?

Yes, the amount paid in spousal maintenance can be modified by the court. To modify spousal maintenance, the party filing the modification must show a material and substantial change in circumstance that occurred after the date of the order or decree, relating to either party or to the child of the marriage.

Reach out to one of our experienced Texas divorce lawyers today if you have questions about filing for a spousal maintenance modification

What happens if my former spouse doesn't pay my spousal maintenance?

If your former spouse does not pay the court-ordered Spousal Maintenance, it is enforceable as a court order. Therefore, to enforce Spousal Maintenance, you may file a Motion to Enforce, ask for a money judgment, ask for an order or writ of withholding, or get a Qualified Domestic Relations Order. In some cases, the Court may also enforce the order for Spousal Maintenance by contempt.

If you are facing an issue where your ex isn’t making spousal maintenance payments you should speak to one of our Texas divorce attorneys to review your options.

Is spousal support different than spousal maintenance?

Yes, spousal maintenance is a court-ordered payment to your former spouse following a divorce. Factors such as the length of your marriage and the difference in earnings between former spouses all contribute to the amount of spousal maintenance a Judge may award. Texas, unlike other states, is distinctive as the law limits the amount of spousal maintenance that can be awarded to a spouse.

On the other hand, spousal support (sometimes referred to as contractual alimony) is a contractual obligation that would not be ordered by the Court. To get Spousal Support, you and your spouse must agree to such provisions in your final divorce documents and from there, it becomes a contractual obligation. The amount and duration for which spousal support is received in Texas are not limited by the court in the way spousal maintenance is.

Speak with one of our experienced Texas family lawyers today if you have questions concerning spousal support or spousal maintenance.

How will I receive my spousal maintenance payments?

If spousal maintenance is ordered, the court will typically enter an order directing the paying spouse’s employer to withhold the required amount and remit it to the spouse receiving the payment.

Is it possible to receive financial support during the divorce proceedings?

Yes, Texas does allow for temporary spousal support to be awarded during divorce proceedings. If one spouse makes less money than the other, a judge may award temporary spousal support on a temporary basis. Doing so protects assets from creditors when one party cannot afford payments on those assets.

View our top 10 things to know about Texas alimony payments.

Will I stop receiving spousal maintenance if I remarry?

Yes, upon remarriage spousal maintenance will no longer be awarded to the spouse receiving the payments.

Have A Different Question?
Ask Our Texas Family Lawyers!

Our experienced Texas family attorneys have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

Meet Our Team Of Experienced
Texas Family Lawyers


Marie McGrath
Managing Attorney
Austin, TX

Austin family lawyer J. Riggs

J. Riggs
Associate Attorney
Austin, TX

San Antonio family lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX

See What Our Clients Are Saying About Our Family Lawyers in Texas

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

Learn Why Our Texas Family Lawyers
Are Passionate About Practicing Family Law

Our Texas Office Locations

Austin Office

8701 N Mopac Expy Suite 105,
Austin, TX 78759

San Antonio Office

70 NE Interstate 410 Loop Suite 700,
San Antonio, TX 78216

Schedule A FREE