Spousal Support in Texas: How much and how long?

Spousal support is also referred to as spousal maintenance and alimony. This is when one spouse has to pay the other spouse, usually monthly, for their support. Assuming you or your spouse is seeking spousal support and is eligible, how much will the maintenance be and for how long?

Amount of Maintenance

Texas law limits the amount of support a court can order a spouse to pay. A spouse cannot be ordered to pay more than $5000 per month or more than 20% of the spouse’s average monthly gross income, whichever is less. Gross income is the amount one earns before any deductions.

Duration of Maintenance

If spousal support is ordered because of a spouse’s disability, duties as the custodial parent of a disabled child, or any other compelling reason, spousal support may continue for as long as the condition exists.

For spousal support ordered on other grounds, support is limited by Texas law to:

• 5 years – if the spouses were married less than 10 years and there was a family violence conviction
• 5 years – if the spouses were married more than 10 years but less than 20 years
• 7 years – if the spouses were married for at least 20 years but not more than 30 years, and
• 10 years – if the spouses were married for at least 30 years or more.

Automatic Termination of Maintenance

Spousal maintenance will automatically terminate if one of the following occurs:

• Either party dies
• The spouse receiving support remarries
• The spouse receiving support cohabitates with a third-party while in a dating or romantic relationship, or
• After a court has reviewed the spousal support order due to a modification request.

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