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If you’re going through a divorce in Texas, you may be wondering what financial support options exist after the marriage ends. In Texas, there are two types of post-divorce spousal support: court-ordered spousal maintenance and contractual alimony. While both involve one spouse providing financial support to the other, they differ significantly in how they are awarded, enforced, and modified.
THE TWO TYPES OF SPOUSAL SUPPORT IN TEXAS
- Court-Ordered Spousal Maintenance
This is the type of support a judge may order one spouse to pay the other spouse, even if the paying spouse objects. It’s only available in limited situations and is governed by strict Texas laws.
- Contractual Alimony
This is a voluntary agreement between divorcing spouses. Though it must be included in the final divorce decree, it operates more like a contract than a court order, and the spouses can customize the terms.
Understanding the differences between these two types of support is critical when negotiating or litigating financial terms in your divorce.
HOW TO QUALIFY FOR COURT-ORDERED SPOUSAL MAINTENANCE IN TEXAS
Texas law sets a high bar for spousal maintenance eligibility. A spouse must prove they lack sufficient property or income after divorce to meet their minimum reasonable needs, and one of the following must also apply:
- The marriage lasted 10+ years, and the requesting spouse made diligent efforts to become self-supporting.
- The paying spouse committed family violence.
- The requesting spouse suffers from an incapacitating disability that arose during the marriage;
- The requesting spouse is the primary caregiver of a child with a mental or physical disability, preventing them from working.
There is no “palimony” in Texas—spousal support is only available if a legal marriage existed.
WHY COURT-ORDERED SPOUSAL MAINTENANCE IS LIMITED IN TEXAS
Texas is a community property state, meaning income and property acquired during the marriage are typically split between spouses. Because non-working or lower-earning spouses often receive a fair share of assets, courts rarely award ongoing spousal support unless truly necessary. The law reflects a preference for self-sufficiency, with support seen as a short-term “rehabilitative” bridge after divorce.
HOW MUCH COURT-ORDERED SPOUSAL MAINTENANCE CAN BE AWARDED?
The maximum amount a court can order is $5,000/month or 20% of the paying spouse’s average monthly gross income, whichever is less. Judges consider:
- Each spouse’s post-divorce financial resources
- The impact of child support obligations
- Contributions to the other spouse’s education or career
- Age, health, employment history, and skills of both spouses
- Whether either spouse wasted community property
- Homemaking and parental contributions
- Marital misconduct or family violence
HOW LONG CAN SPOUSAL MAINTENANCE LAST IN TEXAS?
Texas law caps the duration of court-ordered spousal maintenance depending on the length or specific circumstances:
Basis | Marriage Length | Maximum Duration |
|---|---|---|
Family Violence | < 10 years | 5 years |
Long Marriage | 10–20 years | 5 years |
20–30 years | 7 years | |
30+ years | 10 years | |
Disability (Spouse or Child) | Any | As long as eligible |
Judges must limit spousal support to the shortest time necessary unless permanent incapacity is involved.
HOW IS COURT-ORDERED SPOUSAL MAINTENANCE ENFORCED?
Court-ordered maintenance can be enforced by contempt (fines or jail time). However, the paying spouse may request a modification if there’s a material change in circumstances, such as:
- Loss of job
- Health issues
- Increase in the receiving spouse’s income
A paying spouse may also assert affirmative defenses against enforcement, such as inability to pay or no access to funds.
WHAT IS CONTRACTUAL ALIMONY IN TEXAS?
Contractual alimony is a voluntary agreement where one spouse pays support to the other after divorce. Unlike court-ordered maintenance:
- There are no eligibility requirements.
- Spouses negotiate their own terms: amount, duration, conditions (e.g., remarriage, cohabitation, disability).
- It is often used to help a spouse qualify for a mortgage or lease, pay living expenses, or return to school.
- Terms must be written into the final divorce decree.
Key Differences: Contractual Alimony vs. Court-Ordered Maintenance
Aspect | Court-Ordered Maintenance | Contractual Alimony |
|---|---|---|
Ordered By | Judge | Spouses (by agreement) |
Eligibility | Strict legal requirements | None |
Maximum Amount | Capped by statute | Any amount agreed |
Duration Limits | Capped by statute | Customizable |
Enforceable By Contempt | Yes | No (contract law only) |
Modifiable | Yes (upon major changes) | Only if agreed in the contract |
Ends at Remarriage? | Yes | Only if stated in agreement |
HOW IS CONTRACTUAL ALIMONY ENFORCED?
If a spouse fails to pay contractual alimony, it is treated like a contract dispute, not a court order. This means:
- The family court may not use contempt to enforce payment.
- The receiving spouse can sue the paying spouse for breach of contract.
- Enforcement is limited to the amount and duration that the court could have ordered under spousal maintenance laws.
WHEN DOES SPOUSAL SUPPORT END?
Both court-ordered maintenance and contractual alimony end automatically if either spouse dies. Court-ordered support also ends if the recipient remarries or cohabits in a romantic relationship. For contractual alimony, those triggers only apply if specified in the agreement.
FINAL THOUGHTS: CHOOSING BETWEEN MAINTENANCE AND ALIMONY
Whether you’re considering court-ordered spousal maintenance or negotiating contractual alimony, it’s essential to understand the legal, emotional, and financial implications. If you’re in mediation, understanding what the court might award can help you structure a reasonable agreement that fits your situation.
At Denis Law Group, we guide spouses through calm, informed discussions to reach customized, fair agreements—including spousal support—without costly litigation. Let us help you find the best path forward for your future.