Alimony can be a significant concern for spouses going through a divorce, especially when financial stability is uncertain. Whether you are seeking spousal maintenance or may be required to pay it, understanding how long these payments last is essential for planning your future. The length of time alimony is awarded varies, and courts consider multiple factors when determining its duration. While some spouses may receive support for only a few years, others may qualify for longer payments under specific circumstances. Knowing what to expect can help both parties make informed decisions about their financial future after divorce.
If you have questions about spousal maintenance in Texas, Family Matters Law Firm PLLC can provide the guidance you need. Our San Antonio alimony lawyers assist clients in handling divorce and alimony-related matters, making sure your rights and financial interests are protected. Whether you are negotiating spousal support or seeking a modification, having experienced legal representation can make a difference. Call (210) 997-2914 to schedule a consultation and discuss your legal options.
What is Alimony (Spousal Maintenance) in Texas?
Alimony, referred to as “spousal maintenance” in Texas, is financial support that one spouse may be required to pay to the other after a divorce. Unlike in many other states, Texas law presumes against awarding spousal maintenance unless the requesting spouse meets specific legal criteria. The purpose of this support is to help the lower-earning spouse meet basic financial needs, but it is only granted under limited circumstances.
In many states, courts have broad discretion in awarding alimony, considering factors such as the standard of living during the marriage, the length of the marriage, and each spouse’s earning capacity. Texas law, however, sets strict qualifications. Spousal maintenance is generally available only in cases where the requesting spouse cannot provide for their basic needs due to a disability, a marriage lasting at least ten years, or a history of family violence. Even when granted, maintenance is typically limited in duration and structured to promote financial independence.
Temporary vs. Post-Divorce Spousal Support
Texas law differentiates between temporary spousal support and post-divorce spousal maintenance. Temporary spousal support is awarded during divorce proceedings to cover immediate financial needs until the case is finalized. It is based on necessity and may be granted even if the spouse does not meet the criteria for post-divorce maintenance.
Post-divorce spousal maintenance, on the other hand, is ordered in the final divorce decree and is subject to strict eligibility requirements. It is typically awarded for a limited time, and courts expect the receiving spouse to take steps toward self-sufficiency. Understanding this distinction is important, as temporary support serves short-term needs, while post-divorce maintenance is only granted in specific circumstances and with an emphasis on financial independence.
Eligibility Requirements for Spousal Maintenance
To qualify for spousal maintenance, the requesting spouse must first prove that they lack sufficient property, including assets received in the divorce, to meet their minimum reasonable needs. If this requirement is met, they must also establish one of the following conditions under Texas Family Code § 8.051:
- The spouse responsible for paying maintenance was convicted of or received deferred adjudication for a family violence offense against the other spouse or the other spouse’s child within two years before the divorce filing or while the divorce is pending.
- The marriage lasted at least ten years, and the requesting spouse lacks the ability to earn enough income to meet their basic needs.
- The requesting spouse has a physical or mental disability that prevents them from earning sufficient income.
- The requesting spouse is the primary caretaker of a child with a disability, making it impossible to work and earn enough to meet their needs.
- The parties agreed to spousal maintenance as part of the divorce settlement.
- The requesting spouse is a sponsored immigrant and seeks to enforce an Affidavit of Support requiring the sponsoring spouse to provide support at 125% of the Federal Poverty Guidelines.
Determining the Amount and Duration
If a spouse qualifies for maintenance, the court will decide how much support to award and for how long. Texas law caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s monthly gross income. The duration of support depends on the circumstances:
- Up to 5 years if the marriage lasted between 10 and 20 years or if family violence was involved.
- Up to 7 years if the marriage lasted between 20 and 30 years.
- Up to 10 years if the marriage lasted 30 years or more.
- Indefinitely if the requesting spouse has a permanent disability or is caring for a disabled child.
Spousal maintenance is designed to be temporary in most cases, with the expectation that the receiving spouse will work toward financial independence. Courts may modify or terminate maintenance if circumstances change, such as remarriage or an increase in the receiving spouse’s income.
How Long Alimony Lasts: Texas Spousal Maintenance Duration
Texas law sets strict limits on how long spousal maintenance can last, ensuring that it is awarded only for as long as necessary to help the receiving spouse become financially independent. Courts must assess the circumstances of each case and determine an appropriate duration, always aiming to keep the support period as short as possible.
Maximum Duration Based on Marriage Length
Under Texas Family Code § 8.054, the length of spousal maintenance depends on the duration of the marriage:
- Up to 5 years if the marriage lasted at least 10 years but less than 20 years, or if maintenance was awarded due to a family violence conviction.
- Up to 7 years if the marriage lasted at least 20 years but less than 30 years.
- Up to 10 years if the marriage lasted 30 years or more.
These time limits represent the maximum duration a court may order. However, a judge can choose to set a shorter period if they determine that the dependent spouse can reasonably become self-sufficient sooner.
When Does Spousal Maintenance End?
Under Texas Family Code § 8.056, spousal maintenance automatically ends when:
- The court-ordered duration expires.
- Either spouse passes away.
- The receiving spouse remarries.
- The receiving spouse begins cohabitating in a permanent romantic relationship.
Once spousal maintenance is terminated, it cannot be reinstated, even if the receiving spouse later experiences financial hardship. This is why Texas courts carefully evaluate whether maintenance is truly necessary and how long it should last. If a spouse is expected to become self-sufficient within a reasonable timeframe, the court will set a firm end date for maintenance, ensuring that the obligation does not extend beyond what is required to help the dependent spouse transition into financial independence.
Can Alimony Ever Be Permanent in Texas?
Texas law does not provide for lifetime alimony in most cases. Spousal maintenance is intended to be temporary and is awarded only for as long as necessary to help the receiving spouse become financially independent. However, in rare situations, courts may order indefinite spousal maintenance if a spouse or child has a permanent disability that prevents the spouse from earning sufficient income.
No Lifetime Alimony Except in Rare Cases
Unlike in some other states, Texas does not recognize permanent alimony as a standard practice. Courts only consider indefinite support in cases where the receiving spouse has a serious, ongoing condition that makes self-sufficiency impossible. Even in these situations, maintenance remains subject to periodic review and may be modified or terminated if circumstances change.
Spousal Maintenance for a Disabled Spouse
If a spouse is permanently disabled and unable to work, the court may award spousal maintenance without a fixed end date. This type of support allows the dependent spouse to meet their basic needs when there is no realistic expectation of financial independence. However, indefinite maintenance is not necessarily guaranteed for life. The paying spouse may later request a modification if the receiving spouse’s condition improves or if other factors, such as the paying spouse’s financial situation, change significantly.
Contractual Alimony by Agreement
Although courts will not order lifetime alimony for a healthy spouse, divorcing couples can agree to longer or even lifetime support as part of a settlement. This is known as contractual alimony, which is governed by contract law rather than Texas family law. Because it is a private agreement, contractual alimony is not subject to the same statutory limitations as court-ordered maintenance. However, enforcement of these agreements follows contract law principles, meaning a party seeking to modify or terminate the agreement would need to challenge it based on contract-related arguments rather than family court modifications.
Factors That Influence Alimony Awards
A spouse seeking maintenance must demonstrate that they lack the ability to meet their minimum reasonable needs. Under Texas Family Code § 8.052, the court evaluates several factors, including:
- The financial resources available to each party after the division of marital property.
- The education and employment skills of both spouses.
- The time required for the requesting spouse to obtain education or training to become self-sufficient.
- The availability and feasibility of such training.
- The duration of the marriage.
- The spouse’s health, age, and employment history.
- Any contributions one spouse made to the other’s education, career, or earning potential.
- Whether either spouse engaged in misconduct such as wasting or concealing marital assets.
In cases where a spouse was in a long-term marriage but does not have a disability or caregiving responsibilities, the law presumes they can support themselves. To challenge this presumption, the requesting spouse must prove they diligently searched for employment or pursued necessary training and education during the divorce process (Texas Family Code § 8.053).
Modification of Alimony Orders
Spousal maintenance orders in Texas are not set in stone and may be modified or terminated under specific circumstances. However, Texas law strictly limits when and how modifications can be made.
When Modification is Allowed
Under Texas law, a court may modify a spousal maintenance order if there has been a material and substantial change in the circumstances of either party. Some common reasons for modification include:
- A significant decrease in the paying spouse’s income – If the paying spouse loses their job, experiences a substantial pay cut, or faces financial hardship, the court may lower or terminate maintenance.
- A substantial increase in the recipient’s income – If the spouse receiving maintenance secures a higher-paying job or gains financial stability, the court may reduce or terminate the payments.
- A reduction in the recipient’s needs – If the recipient’s financial obligations significantly decrease, the court may determine that continued maintenance is unnecessary.
- Improvement in the recipient’s medical condition – If spousal maintenance was awarded due to a disability and the recipient’s health improves to the point that they can work, maintenance may be reduced or terminated.
| Reason for Modification | Description | Possible Outcome |
|---|---|---|
| Decrease in Paying Spouse’s Income | Loss of job, pay cut, or financial hardship | Maintenance may be lowered or terminated |
| Increase in Recipient’s Income | Higher-paying job or financial stability | Maintenance may be reduced or terminated |
| Reduction in Recipient’s Needs | Significant decrease in financial obligations | Court may determine maintenance is unnecessary |
| Improvement in Recipient’s Medical Condition | If maintenance was awarded due to disability but recipient can now work | Maintenance may be reduced or terminated |
No Increases or Extensions
Texas courts cannot increase the amount of spousal maintenance or extend its duration beyond what was originally ordered. If the recipient still requires financial assistance after the maintenance period ends, they cannot petition for an extension through the court. The only exception is if the parties agreed to contractual alimony, which can be modified if both spouses consent to the changes.
Good Faith Changes Only
For a modification request to be considered, the change in circumstances must be unanticipated and made in good faith. Courts will not reduce or terminate maintenance if the paying spouse voluntarily lowers their income, such as by taking early retirement or switching to a lower-paying job by choice. Similarly, a recipient cannot quit their job or deliberately remain unemployed in an attempt to continue receiving support. Courts carefully review modification requests to ensure they are based on genuine financial changes rather than attempts to manipulate the system.
Experienced Legal Support for Alimony Cases in Texas
Managing spousal maintenance in Texas requires a clear understanding of the law and how it applies to your specific situation. Whether you are seeking support, challenging an alimony request, or need assistance modifying an existing order, having the right legal representation can help you achieve the best possible outcome.
At Family Matters Law Firm PLLC, our San Antonio alimony lawyers provide knowledgeable guidance and strategic advocacy for clients facing alimony and divorce-related issues. If you need assistance with your case, call (210) 997-2914 to schedule a consultation and take the next step toward securing your financial future.
