Spousal Maintenance Attorney — Conroe & Greater Houston, TX
Texas keeps court-ordered spousal maintenance tightly restricted under Family Code Chapter 8 — yet where it does apply, the amount and duration can shape both parties' financial futures for years. Our firm represents clients in spousal maintenance matters throughout Conroe, Houston, and Greater Houston. Free consultation.
Spousal Maintenance in Texas — Strictly Limited, Significant When It Applies
Texas places strict limits on court-ordered spousal maintenance. Unlike many other states, a Texas court cannot grant maintenance merely because one spouse out-earns the other by a wide margin, or because one spouse gave up career opportunities during the marriage. Qualifying depends on satisfying specific statutory criteria under Texas Family Code Chapter 8, and both the amount and the duration are capped by law.
Even so, when maintenance is on the table — or when spouses negotiate contractual alimony within a divorce settlement — the financial stakes are substantial. For the spouse who receives support, maintenance can have a real impact on post-divorce financial stability. For the spouse paying it, an undeserved or inflated award drains income and complicates financial planning for years. Legal strategy on each side of a maintenance dispute carries real weight.
A spouse becomes eligible for court-ordered maintenance only by satisfying one of the statutory grounds: a marriage of at least ten years paired with an inability to meet minimum reasonable needs; a physical or mental disability that prevents self-support; custodial responsibility for a child of the marriage whose disability requires substantial care; or the other spouse's conviction for family violence within two years of filing.
Contractual alimony — worked out voluntarily between spouses outside the court-ordered framework — is not bound by these statutory limits. Many divorcing spouses in Texas negotiate contractual alimony within a comprehensive settlement, especially in high-asset divorces where flexibility on support terms can help resolve other issues. Contractual alimony is usually governed by the terms of the parties' agreement and may carry different enforcement mechanisms than court-ordered maintenance. Whether cohabitation or remarriage ends the obligation turns on the terms of the agreement rather than the statute.
Eligibility Analysis & Strategy
Whether you are pursuing maintenance you may be entitled to under Texas law or negotiating contractual alimony terms within a broader settlement, the eligibility analysis, factual development, and strategy vary considerably from case to case. Our firm handles spousal maintenance matters in Conroe, Houston, and throughout Greater Houston.
Court-Ordered Maintenance vs. Contractual Alimony vs. Temporary Support
Granted by a judge once statutory eligibility under TFC § 8.051 is established. Limited to the lesser of $5,000/month or 20% of gross monthly income under § 8.055. Its length is tied to how long the marriage lasted. Enforceable through contempt of court. Ends automatically on death or remarriage under § 8.056. Can be modified on a material change under § 8.057.
Agreed to voluntarily by both spouses within the divorce settlement and written into the final decree. Free of the § 8.055 caps and the statutory duration limits. Controlled by the terms of the parties' agreement. Its enforcement mechanisms may differ from those for court-ordered maintenance. Whether remarriage or cohabitation ends it depends on the agreement's terms rather than the statute.
Ordered while a divorce is pending in order to preserve the financial status quo. Available under TFC § 6.502 as part of temporary orders. Distinct from the final maintenance determination, it ends once the divorce is finalized. It matters most when one spouse holds most of the marital income or liquid assets during the proceeding.
Who Qualifies for Court-Ordered Maintenance in Texas?
10-Year Marriage + Insufficient Resources
The marriage lasted at least ten years and the spouse requesting maintenance does not have enough property to meet minimum reasonable needs and cannot earn a living through employment — whether because of a physical or mental disability, because they are the primary caregiver for a young child of the marriage, or because they lack the earning ability in the labor market needed to provide for minimum reasonable needs.
Family Violence Conviction
The paying spouse was convicted of, or received deferred adjudication for, a family violence offense against the other spouse or a household member, and that offense took place within two years before the divorce filing or while the divorce was pending. This ground applies no matter how long the marriage lasted.
Physical or Mental Disability
The spouse requesting maintenance has an incapacitating physical or mental disability that keeps them from earning enough income to meet their minimum reasonable needs — no matter how long the marriage lasted. Disability-based maintenance can continue for as long as the disabling condition persists, free of the duration caps that apply under the other grounds.
Custodian of Child with Disability
The spouse requesting maintenance is the primary caregiver of a child of the marriage — of any age — whose physical or mental disability calls for substantial care and personal supervision, and that caregiving duty keeps the spouse from earning enough income to meet minimum reasonable needs.
How Courts Determine the Amount and Duration of Maintenance
Once eligibility is established, the court will not automatically award the statutory maximum. Under Texas Family Code § 8.052, courts must weigh a range of factors when setting the nature, amount, duration, and manner of periodic payments. Those factors make each maintenance determination highly fact-specific — and how thoroughly the record is developed on every factor has a direct bearing on the result.
The statutory cap under § 8.055 fixes the ceiling, yet the court's discretion over the amount beneath that ceiling — and the duration up to the statutory maximum — depends on how the § 8.052 factors are presented and weighed.
Texas courts hold broad discretion over maintenance determinations. In Tenery v. Tenery, 932 S.W.2d 29 (Tex. 1996) the Texas Supreme Court confirmed that a trial court's maintenance determination will not be overturned on appeal without a clear abuse of discretion — which highlights why a complete and persuasive factual record at the trial level is so important.
Modification & Termination
Under TFC § 8.057, court-ordered maintenance can be modified or ended when either party experiences a material and substantial change in circumstances. Under § 8.056, maintenance ends automatically on the death of either party or the remarriage of the recipient, and it may be ended if the recipient lives with another person in a continuing romantic relationship.
Contractual alimony operates under its own agreed terms — it ends automatically on remarriage or cohabitation only if the agreement expressly provides for it.
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141 N. San Jacinto Street
Conroe, TX 77301
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Spousal Maintenance Representation in Conroe, Houston & Greater Houston
Our firm handles spousal maintenance and contractual alimony matters across the Greater Houston area — including Conroe, The Woodlands, Spring, Tomball, Magnolia, Willis, and Montgomery in Montgomery County, and Houston, Cypress, Humble, Kingwood, Katy, Sugar Land, and Pearland in Harris County. We also represent clients in Fort Bend County, Brazoria County, and Waller County. Free consultations are available by phone or online.
Spousal Maintenance FAQ — Texas
Court-ordered maintenance under Texas Family Code Chapter 8 is granted by a judge once statutory eligibility is found. It falls under the $5,000/20% monthly cap and the duration limits, and it can be enforced through contempt of court — including possible jail time for willful nonpayment. Under § 8.056 it ends automatically on death or remarriage.
Contractual alimony is a voluntary agreement between spouses that is folded into the divorce decree. The statutory caps do not apply to it. Because contractual alimony is controlled by the terms of the agreement, its enforcement mechanisms may differ. It does not end automatically on remarriage or cohabitation unless the agreement specifically says so.
Questions About Spousal Support in Texas? Let's Talk.
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This firm represents clients throughout Montgomery, Harris, Fort Bend, Brazoria, and Waller Counties — with our office based in Conroe, steps from the Montgomery County Family Law Courts.
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Attorney advertising. Law Office of Keith Phillips is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Keith Phillips (TX Bar 2016) is the attorney responsible for this content.