TX STATE GUIDE
Texas Alimony: Spousal Maintenance Eligibility and Limits
Texas law generally uses the term “spousal maintenance.” Chapter 8 of the Texas Family Code sets a limited statutory eligibility test, relevant factors, duration rules, and an amount cap.
Quick orientation. A difference in income by itself does not establish eligibility for court-ordered maintenance in Texas. The person seeking maintenance generally must lack sufficient property for minimum reasonable needs and meet a statutory eligibility route. Eligibility, amount, and duration are separate questions.
Terminology: People may say “alimony,” while state statutes and courts may use “spousal support,” “maintenance,” or another term. Follow the language used by the state source and court documents.
Texas has a threshold eligibility test
Under Family Code section 8.051, a court may order maintenance only if the spouse seeking it will lack sufficient property—including separate property—to provide for minimum reasonable needs and meets one of the listed conditions. The statute includes routes involving certain family-violence offenses, an incapacitating disability, a marriage of at least ten years with insufficient ability to earn enough, or care of a child of the marriage who requires substantial care because of a disability.
Courts consider factors after eligibility
If a spouse is eligible, section 8.052 lists factors for deciding the nature, amount, duration, and manner of payments. These include independent ability to meet minimum reasonable needs, education and job skills, time needed for training, marriage length, age and health, child support obligations, homemaking, contributions to the other spouse’s earning power, and family violence or marital misconduct as specified by the law.
Amount and duration have statutory limits
Chapter 8 limits the amount a court may order and generally limits duration based on the marriage length, subject to statutory exceptions. The statute has detailed definitions and exceptions, so a broad summary should not be used to calculate eligibility or a likely award.
Questions to take to a Texas attorney
- Which eligibility route, if any, could apply under section 8.051?
- What property and income count toward minimum reasonable needs?
- What evidence is needed to establish eligibility and diligence?
- Which amount and duration limits apply, and are statutory exceptions relevant?
- Is the issue court-ordered maintenance, contractual alimony, or an existing order?
Official sources and research scope
Texas Chapter 8 distinguishes court-ordered statutory maintenance from other support arrangements. Read the eligibility and exception language in the current code; a private agreement may raise different questions.
- Texas Family Code, Chapter 8: Maintenance ↗
- Texas Family Code section 8.051: Eligibility for maintenance ↗
Start with these primary sources, check for later changes and effective dates, and ask a licensed attorney how the law applies to specific facts. This is an educational research summary, not legal advice or a prediction of an outcome.
Content status: Initial state research summary. The cited sources were checked October 13, 2026. The page has not been reviewed by a state-licensed attorney. We will update it as we expand and verify the state library.
Sources checked October 13, 2026 · Read the disclaimer
Prepare for a conversation. Use the private AlimonyPath checklist to organize general questions; it does not estimate a payment or decide legal eligibility.