You might be worried about how long spousal maintenance will stick around after the marriage ends. Texas calls it spousal maintenance, but most folks also refer to it as alimony. Because Texas is a community property state, judges look at the length of your marriage, each spouse’s earning power, disabilities, and a handful of other factors spelled out in state law when deciding the amount and duration of spousal maintenance. The result can be a short‑term order that lasts a handful of years or, in rare cases, support that runs much longer. Every situation is different, so you need clear facts for your own case.
If you are facing a divorce and need personalized guidance on alimony-related matters, Family Matters Law Firm PLLC is here to help. Our San Antonio alimony attorneys assist clients in handling divorce and cases involving spousal maintenance, helping ensure their rights and financial interests are protected. Whether you are negotiating spousal maintenance or seeking a modification, having experienced legal representation can make a difference. Contact us today at (210) 997-2914 to schedule a consultation and discuss your legal options.
What is Spousal Support (Maintenance)?
Spousal support (maintenance), or alimony, is financial support paid by one spouse to another following a divorce. In Texas, you do not receive it automatically. Each case stands on its own. The judge looks closely at your situation and your ex’s, weighing many details from the marriage. Those details guide the court when it decides if support should be ordered, how much you might receive, and how long the payments will last. The goal stays clear. Alimony keeps the spouse who earns less from sliding into hardship while rebuilding a stable, independent life.
Temporary vs. Post-Divorce Spousal Support
Think of temporary spousal support as a financial band‑aid. It kicks in while the divorce is still moving through the courts, so you can keep the lights on and food on the table. If your budget shows a gap, the judge can order your spouse to help out even though you might not qualify for longer‑term payments later.
Post‑divorce maintenance is different. It appears in the final decree, runs for a set period, and has stricter rules. To qualify, you must meet one of a few specific legal triggers, and you are expected to use the money to get back on your feet. Temporary support serves short-term needs, while post-divorce maintenance is only granted in specific circumstances and with an emphasis on financial independence.
Eligibility Criteria and Purpose of Alimony in Texas
The purpose of spousal maintenance in Texas is to provide financial support to a spouse who lacks sufficient property or income to meet their reasonable needs following a divorce. This support aims to help the dependent spouse maintain a standard of living comparable to what they enjoyed during the marriage or achieve self-sufficiency. Alimony can be awarded under specific circumstances, as outlined in Texas Family Code Section 8.051.
- Family Violence: If the spouse paying spousal maintenance (the obligor) has been convicted of or received deferred adjudication for a family violence offense against the other spouse or their child within two years before filing for divorce or while the divorce is pending, the court can order spousal maintenance. In such cases, the length of the marriage is irrelevant.
- Long-Term Marriages: For marriages that have lasted at least ten years, alimony can be awarded if the spouse seeking support (the obligee) lacks sufficient property or income to provide for their reasonable needs. This may include situations where the obligee is disabled, the primary caretaker of a disabled child, or lacks the earning ability to meet their minimum reasonable needs.
- Mutual Agreement: The divorcing parties can agree that spousal support will be paid for a specific period as part of their divorce settlement.
- Sponsored Immigrant: If a spouse is a sponsored immigrant, they can enforce the Affidavit of Support executed by the other party, requiring the sponsor to provide financial support at 125 percent of the Federal Poverty Guidelines until the immigrant spouse becomes a U.S. citizen or has earned 40 work credits.
The purpose of alimony in Texas is to help ensure that the financially dependent spouse can maintain a reasonable standard of living post-divorce or attain self-sufficiency. This financial support is designed to bridge the gap until the receiving spouse can support themselves, considering various factors and circumstances specific to each case.
| Category | Eligibility Criteria | Notes |
|---|---|---|
| Family Violence | The paying spouse has been convicted of or received deferred adjudication for family violence within two years of the divorce | Length of marriage does not matter |
| Long-Term Marriage | Marriage lasted at least ten years and the spouse seeking support cannot meet their reasonable needs | Applies if the spouse is disabled, caring for a disabled child, or lacks earning power |
| Mutual Agreement | Both parties agree on spousal support as part of the divorce settlement | The agreement can define the amount and duration |
| Sponsored Immigrant | Sponsored immigrant enforces the Affidavit of Support requiring support at 125% of Federal Poverty Guidelines | Obligation lasts until citizenship or 40 work credits are earned |
San Antonio Alimony Attorney: Linda Leeser
Linda Leeser
Linda Leeser, founder of the Family Matters Law Firm PLLC, is a dedicated San Antonio alimony attorney who brings personal insight and professional skill to her legal practice. Her journey into law was driven by her own experience navigating the court system to obtain conservatorship rights for her grandchild. What began as a personal legal battle became a lifelong mission to help others through civil and criminal litigation.
With a Juris Doctor from St. Mary’s School of Law and training from Gerry Spence’s Trial Lawyer College, Linda has cultivated a robust litigation practice. Her areas of experience include family law, bankruptcy, criminal defense, business law, wills, and civil litigation. She is a member of the Texas Bar College, the San Antonio Bar Association, and is licensed in both Texas and the U.S. District Court for the Western District of Texas. Known for her compassion and tenacity, Linda is a steadfast advocate for clients facing the challenges of divorce and spousal support.
Factors Influencing the Duration of Alimony
The duration of alimony in Texas is influenced by several key factors. These factors help the court determine how long one spouse must provide financial support to the other. Moreover, examining these aspects enables the court to make a fair and informed decision. A thorough consideration of these factors forms the rationale behind the court’s alimony decisions.
Prearranged Alimony Agreements
Courts in Texas generally respect and enforce pre-existing spousal support agreements between parties. Such agreements could be specified within prenuptial or postnuptial contracts or may result from collaborative negotiations during the divorce mediation process. This proactive approach can significantly simplify the legal proceedings by providing a clear, mutually acceptable framework for spousal maintenance, thus helping to avoid contentious court battles.
Age and Health of the Spouses
The age and health of both spouses are important considerations. Older spouses or those with significant health issues may require longer periods of support, especially if these factors impede their ability to become self-sufficient. The court takes into account the physical and mental health of each spouse to establish a fair and supportive alimony duration for their needs.
Financial Resources and Needs
The court evaluates the financial resources and needs of both spouses. This includes the property each spouse receives in the divorce and their separate property. If one spouse lacks sufficient property or income to meet their minimum reasonable needs, alimony may be awarded to bridge this gap. The court ensures that the financial support provided is sufficient to maintain a reasonable standard of living for the dependent spouse.
Employment and Earning Capacities
The employment history, skills, and earning capacities of the spouses are also considered. The court looks at the educational background, work experience, and job prospects of the spouse seeking alimony. If additional education or training is needed for the spouse to improve their earning capacity, the court may consider this in determining the duration of alimony. The goal is to enable the dependent spouse to become self-supporting within a reasonable time frame.
Contribution to Marriage
The contributions of each spouse to the marriage, both financial and non-financial, are taken into account. This includes not only direct financial contributions but also contributions as a homemaker and caregiver. The court acknowledges the sacrifices and efforts made by the dependent spouse, especially if they supported the household or cared for children, allowing the other spouse to pursue career advancements. Recognizing these contributions can influence the duration of alimony awarded.
Marital Duration and Support Duration
The duration of the marriage is a benchmark for deciding not only the award of spousal maintenance but also the period over which it should be paid. This reflects the principle that the longer the marriage, the more significant the economic interdependence of the spouses. Here, the court acknowledges the contributions of each spouse to the marriage’s longevity and the corresponding financial support necessary to facilitate an equitable transition to post-divorce life.
Under Texas Family Code Section 8.054, the maximum duration of spousal maintenance depends on the duration of the marriage:
- Marriages under 10 years with family violence involved: The court may decree up to 5 years of maintenance, acknowledging the need for support amidst the backdrop of abuse.
- Marriages lasting 10 to under 20 years: A maximum of 5 years of maintenance may be awarded, recognizing the substantial duration and potential for one spouse to have become financially dependent.
- Marriages of 20 to under 30 years: Up to 7 years of maintenance may be granted, considering the increased likelihood of significant financial entwinement and potential sacrifices made by one spouse.
- Marriages of 30 years or more: Up to 10 years of maintenance reflects the recognition of a profound, decades-long partnership and the corresponding financial interdependence.
The statutory limits for spousal maintenance serve as a guardrail, keeping the payments within reasonable bounds relative to the payer’s income, capped at 20% or $5,000 per month, whichever is less. This ceiling is designed to balance the financial assistance provided to the recipient with the payer’s ability to meet the obligation without undue hardship.
Statutory Guidelines of Alimony in Texas
The statutory guidelines of alimony in Texas set clear limits and conditions on how spousal maintenance is determined and awarded. Texas has strict limitations on both the duration and the amount of alimony. These guidelines are designed to balance the financial needs of the receiving spouse with the paying spouse’s ability to pay, while also encouraging self-sufficiency.
Maximum Amount of Alimony
Under Texas law, the court cannot require the obligor to pay more than the lesser of:
- $5,000 per month, or
- 20% of the obligor’s gross monthly income.
These limits are meant to provide reasonable support without creating undue hardship on the paying spouse and allow the paying spouse to retain enough income to support themselves.
Gross income in Texas encompasses various types of earnings, which can include, but are not limited to:
- Hourly pay and any overtime
- Salaries
- Commission-based earnings
- Tips received
- Bonuses awarded
- Royalty payments
- Dividends from investments
- Income from self-employment
- Severance packages
- Pension disbursements
- Retirement fund benefits
- Trust disbursements
- Unemployment compensation
Judges typically mandate spousal maintenance to be paid in regular installments, which are most often set on a monthly basis. In certain situations, the court may also order wage withholding, where the employer of the paying spouse is directed to deduct the maintenance payments directly from the employee’s paycheck. These deducted funds are then sent to the designated state agency responsible for processing such payments.
Community Property Division
Texas is a community‑property state, but the Family Code requires that community assets and debts be divided in a “just and right” manner, which is often, though not always, an equal (50/50) split. Because the division may already address disparities in earning potential and resources, spousal maintenance functions as a supplemental measure when the awarded property is not enough to meet one spouse’s minimum reasonable needs.
Encouragement of Workforce Participation
One of the underlying principles of Texas alimony laws is the encouragement of self-sufficiency. The state limits the amount and duration of alimony to motivate capable individuals to re-enter the workforce and support themselves. Long-term alimony is generally discouraged, as the goal is to provide temporary assistance while the dependent spouse transitions to financial independence.
These statutory guidelines reflect Texas’s approach to balancing fairness and self-reliance in divorce settlements. With clear limits on alimony, the state aims to provide necessary support without fostering long-term dependency, allowing both parties to move forward with financial stability.
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
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.
Adjustments and Modifications to Alimony
When it comes to the impact of financial changes on alimony obligations, individuals are keen to know how fluctuations in income or expenses can affect their situation. For both the party paying and the party receiving alimony, it is crucial to understand when and how the amount of spousal maintenance can be adjusted. A significant change in the financial circumstances of either party can lead to a potential modification of the alimony order.
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.
However, obtaining a court’s approval to modify an alimony order is not a simple task. The law stipulates that there must be a “material and substantial” change in circumstances to justify a revision of alimony payments. The exact meaning of “material and substantial” is not explicitly defined, allowing courts some discretion in interpreting these terms when considering requests for modifications.
The burden of proof lies with the person seeking to change the alimony terms. It is their responsibility to show that their financial changes are indeed material and substantial. Legal teams play a critical role in this process, conducting detailed assessments of the case to evaluate the probability of securing a new hearing. They compile comprehensive evidence on the income alterations to craft a persuasive argument that supports the need for a court to revisit the alimony agreement.
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 confirm they stem from genuine financial changes rather than attempts to manipulate the system.
How Retirement Can Shorten or Extend Payments
Your full-time career won’t last forever, but your spousal support order might, under specific circumstances. In Texas, a spousal maintenance order remains in force until its scheduled end date or until a judge signs a new decree. Normal retirement (leaving at Social Security age or after decades on the job) usually slashes income. That dip is a material and substantial change, letting you ask the court to shorten payments, limit the total, or stop support.
Early retirement is different. If you walk away well before typical retirement age, the judge may call the move voluntary. Because you could still earn, the court might refuse to modify alimony after retirement. You must show genuine necessity, not a strategy to dodge support.
While retirement can be a valid reason to reduce or terminate maintenance, Texas Family Code § 8.057 prohibits the court from extending the duration of spousal maintenance beyond the original term set in the divorce decree, unless the parties contractually agree otherwise.
The key phrase in Texas Family Code § 8.057 is material and substantial change. Retirement meets that test only when it is in good faith and the new income picture truly shifts. You must file a motion to modify alimony after retirement in the same court that issued the order. Until the order changes, the original sum keeps accruing, and interest stacks up.
A San Antonio alimony attorney can draft the motion, collect pension statements, and present a clear budget showing why your requested change makes sense, saving you stress. Acting early turns a stressful date on the calendar into a carefully planned transition for both of you.
Conditions Leading to Alimony Termination
Termination of alimony in Texas occurs under specific conditions as outlined in Texas Family Code Section 8.056. These guidelines help ensure that alimony payments are fair and limited to the period during which they are genuinely needed. Knowing these conditions helps both the paying and receiving spouse to plan accordingly and understand when their financial obligations or support will end.
Impact of Death
The death of either the paying spouse (obligor) or the receiving spouse (obligee) results in the immediate termination of alimony. This is a straightforward rule designed to prevent the continuation of financial obligations beyond the life of the individuals involved. The cessation of alimony upon death ensures that the estate of the deceased is not burdened with ongoing spousal maintenance, aligning with the principles of fair and equitable support.
Impact of Remarriage
If the receiving spouse remarries, alimony payments are terminated. Remarriage is considered a significant change in circumstances that typically alters the financial needs of the receiving spouse. This rule prevents the obligor from continuing to pay alimony when the obligee has entered into a new marriage that should provide for their financial support. It also underscores the temporary nature of alimony, intended to support the transition to financial independence.
Cohabitation With a Romantic Partner
Under Texas Family Code § 8.056(b), a court must terminate spousal maintenance if, after a hearing, it finds that the obligee is cohabiting with another person in a dating or romantic relationship on a continuing basis in a permanent place of abode. This safeguard ensures support does not continue once the recipient has formed a new long‑term household.
Self-Sufficiency of the Receiving Spouse
Alimony is designed to assist the receiving spouse until they can achieve self-sufficiency. If the receiving spouse becomes self-supporting before the end of the designated alimony period, the court may modify or terminate the alimony payments. Achieving self-sufficiency means that the obligee can meet their minimum reasonable needs through their own income and resources, eliminating the need for continued financial support from the former spouse. This condition encourages the dependent spouse to seek employment and financial independence as soon as possible.
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.
Taking the Next Steps with the Legal Help of Family Matters Law Firm PLLC
Being informed on how long alimony lasts is crucial for anyone going through a divorce. With a clear grasp of Texas’s specific spousal maintenance laws and guidelines, you can better prepare for the financial aspects of your post-divorce life. Whether you are the spouse seeking alimony or the one who may be required to pay, familiarizing yourself with these rules can help you handle this challenging process more effectively.
For those in San Antonio needing assistance with spousal maintenance or any other aspect of divorce, Family Matters Law Firm PLLC is here to support you. Our experienced San Antonio alimony attorneys are dedicated to providing personalized and comprehensive legal services to help ensure your rights and interests are protected. Call us today at (210) 997-2914 to schedule a consultation and let us guide you toward a fair and just resolution in your divorce case.
