Texas is among the most restrictive states regarding court-ordered spousal maintenance (commonly called alimony). Under Texas Family Code Chapter 8, a court may order maintenance only if the requesting spouse will lack sufficient property, including separate property, to provide for the spouse’s minimum reasonable needs, and one of four additional statutory conditions is met. Even when eligibility is established, the amount and duration are strictly capped.
Keith D. Becker, Board Certified Family Law Specialist, advises clients in Collin, Grayson, and surrounding North Texas counties on both seeking and defending against spousal maintenance claims in high-net-worth and long-term marriages.
Eligibility Under § 8.051
A court may order maintenance only if the spouse seeking maintenance lacks sufficient property to meet minimum reasonable needs and one of the following applies:
• The other spouse was convicted of or received deferred adjudication for a family violence offense against the requesting spouse or a child of the marriage within two years before the divorce was filed or while the divorce is pending;
• The requesting spouse has an incapacitating physical or mental disability that prevents self-support;
• The marriage lasted 10 years or longer and the requesting spouse lacks the ability to earn sufficient income to meet minimum reasonable needs; or
• The requesting spouse is the custodian of a child of the marriage who requires substantial care because of a physical or mental disability that prevents the requesting spouse from earning sufficient income.
Amount and Duration Caps
Under § 8.055, the monthly amount cannot exceed the lesser of $5,000 or 20 percent of the obligor’s average monthly gross income. Gross income is defined broadly and includes wages, self-employment income, and certain other sources.
Duration is limited by § 8.054 based on the length of the marriage:
• Up to 5 years if the marriage lasted less than 10 years (family violence ground) or 10 to 20 years;
• Up to 7 years if the marriage lasted 20 to 30 years;
• Up to 10 years if the marriage lasted 30 years or more;
• Disability-based or disabled-child orders may continue as long as the condition exists, subject to periodic review.
Courts must limit the duration to the shortest period that allows the receiving spouse to meet minimum reasonable needs through appropriate employment or development of skills.
Factors Affecting Amount and Duration
Section 8.052 lists factors the court considers, including each spouse’s ability to provide for minimum reasonable needs, the education and employment skills of the spouses, the duration of the marriage, the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance, the effect on each spouse’s ability to meet needs while providing care for a child, acts by either spouse resulting in excessive or abnormal expenditures or destruction of property, the contribution of one spouse to the education or earning capacity of the other, and property brought to the marriage.
Strategic Considerations in High-Net-Worth Cases
In high-net-worth cases, the “lack of sufficient property” requirement is often the primary battleground. A substantial property division may eliminate eligibility even after a long marriage. Conversely, a spouse who receives primarily non-liquid or illiquid assets may still demonstrate an inability to meet minimum reasonable needs in the short term.
Contractual alimony agreed upon in a mediated settlement agreement is not subject to the statutory caps or duration limits. Many high-net-worth cases resolve with contractual support that provides greater flexibility than court-ordered maintenance. Keith Becker’s practice includes both litigating maintenance claims and negotiating contractual support arrangements that address the parties’ actual financial circumstances.
Whether seeking or defending against spousal maintenance, early analysis of property division, earning capacity, and the statutory factors is essential. Board Certified counsel with experience in Collin and Grayson County courts can help clients understand the realistic range of outcomes and develop an effective strategy.
Contact Becker Family Law
Keith D. Becker, Board Certified Family Law Specialist
Prosper Office: 291 S. Preston Rd, Suite 1140
Sherman Office: 1800 Teague Dr, Suite 401
Serving Collin, Grayson, Denton, Fannin, and surrounding North Texas counties
This article provides general information about Texas Family Code Chapter 8 and is not legal advice. Spousal maintenance eligibility and awards depend on the specific facts of each case.