Weinman & Associates
Family Law Answers Now: 512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Rachel Messer
    • Miguel Castillo
    • Tracy Todd
    • Melissa Kocian
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact
Weinman & Associates
512-472-4040
  • Home
  • About
    • Daryl G. Weinman
    • Barb Rowan
    • Rachel Messer
    • Miguel Castillo
    • Tracy Todd
    • Melissa Kocian
  • Practice Areas
    • Family Law
    • Divorce
    • Property Division
    • Child Custody
    • Child Support
    • Criminal Defense
  • Podcast
  • News & Media
    • Articles
  • Testimonials
  • Blog
  • Contact

Practicing Family Law With Heart For More Than 30 Years

  1. Home
  2.  » 
  3. Divorce
  4.  » 
  5. How Often Is Alimony Granted In Texas Divorces?

How Often Is Alimony Granted In Texas Divorces?

On Behalf of Weinman & Associates, P.C. | Apr 17, 2021 | Divorce

Alimony is known as spousal maintenance in Texas, and judges only award it when certain eligibility requirements are met. Couples who would prefer to decide these matters for themselves can do so by drafting prenuptial or postnuptial agreements that contain alimony provisions. Either spouse can petition the court for spousal maintenance in the Lone Star State, but the paying spouse cannot be ordered to pay an amount that is higher than 20% of their average monthly income before taxes. In addition to specifying the eligibility requirements for alimony, Texas law caps spousal maintenance payments at $5,000 per month.

Who qualifies for spousal maintenance?

Family law judges only award spousal maintenance to spouses who can establish that they do not have enough income or property to cover their basic living expenses. A petitioning spouse must also demonstrate that their situation meets one of the following circumstances:

• The paying spouse was convicted of committing an act of domestic violence within two years of the divorce filing or during the course of the divorce.
• The petitioning spouse is unable to provide for themselves because of a mental or physical disability.
• The petitioning spouse was married for 10 years or longer and is not able to earn enough to cover their living expenses.
• The petitioning spouse is unable to cope financially because they care for a child with a mental or physical disability.

The duration of spousal maintenance

When petitioning spouses are disabled or care for a disabled child, spousal maintenance can be indefinite in Texas. In other situations, the length of time that spousal maintenance must be paid is determined by the length of the marriage. Judges may order spousal maintenance to be paid for up to five years if the couple was married for between 10 and 20 years or if the marriage lasted less than 10 years but the paying spouse was convicted of domestic violence. Petitioning spouses who were married for between 20 and 30 years can receive spousal maintenance for up to seven years. Spouses who divorce after 30 or more years of marriage can receive spousal maintenance for up to 10 years.

Prenuptial agreements

Experienced family law attorneys could suggest that couples who wish to avoid legal battles over property division and spousal maintenance enter into prenuptial agreements. However, attorneys could point out that these agreements may be unenforceable if they were negotiated in bad faith, were entered into under duress or their provisions are grossly unfair.

Recent Posts

  • Divorcing a spouse who lives in Mexico
  • Top 7 Things To Know Before Getting A Prenup in Texas
  • What are the fiscal implications of a legal separation in Texas?
  • Are marriages in other countries valid in the United States?
  • How are retirement accounts divided in a Texas divorce?

Archives

Categories

RSS Feed

Subscribe To This Blog's Feed

Talk To Us About Your Family Law Case

To schedule a consultation, call 512-472-4040 or send an email by submitting this form.



11734A Schriber Road
Mustang Ridge, TX 78610

Austin, Texas Office



Phone: 512-472-4040

Pay via Law Pay
  • Follow
  • Follow
  • Follow
Review the Firm

© 2025 Weinman & Associates, P.C. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw