How Does Spousal Maintenance Differ from Alimony in Texas?

When couples divorce, financial support often becomes a major concern. In Texas, two terms frequently come up: spousal maintenance and alimony. While they sound similar, they are not the same under Texas law. Understanding the difference can help you plan for your financial future.

What Is Spousal Maintenance in Texas?

Spousal maintenance refers to court-ordered financial support awarded under Texas law. It is designed to help a spouse meet their minimum reasonable needs after divorce. However, Texas courts impose strict eligibility requirements. You may qualify if:

• Your marriage lasted 10 years or more, and you cannot earn enough to support yourself.
• You have a physical or mental disability that limits your ability to work.
• You are the custodial parent of a child with special needs, making employment difficult.
• The other spouse was convicted of family violence within two years of filing for divorce.

Unlike other states, Texas does not grant maintenance automatically. You must prove genuine need.

What Is Alimony in Texas?

Alimony, on the other hand, is contractual support agreed upon by both spouses during divorce negotiations. It is not mandated by Texas law but can be included in a settlement. This flexibility allows couples to create terms that work for them—even if statutory requirements for spousal maintenance aren’t met.

Key Differences Between Spousal Maintenance and Alimony

While both involve financial support, the differences are significant:

• Spousal Maintenance: Court-ordered, subject to strict eligibility rules, and capped at the lesser of $5,000 per month or 20% of the paying spouse’s income.
• Alimony: Voluntary, negotiated between spouses, and not limited by Texas statutes.

This distinction matters because contractual alimony can offer more flexibility in amount and duration than court-ordered maintenance.

How Long Does Support Last?

For spousal maintenance, duration depends on the length of the marriage:

• 5 years: Marriage lasted 10–20 years or involved family violence.
• 7 years: Marriage lasted 20–30 years.
• 10 years: Marriage lasted 30+ years.
• Indefinite: If the recipient has a disability or cares for a disabled child.

Alimony terms, however, can be customized by agreement.

FAQ Section

Q: Can both spousal maintenance and alimony be included in a divorce?
Yes, if both parties agree to contractual alimony in addition to court-ordered maintenance.

Q: Is alimony taxable?
No. Under current federal law, alimony is not tax-deductible for the payer or taxable for the recipient.

Meet With Our Team to Learn More About Spousal Support in Texas

Consult with an experienced family law attorney at Kimbrough Legal, PLLC, for help understanding how spousal maintenance and alimony work in Texas and navigating your rights. We know how to meet you where you are by bringing a warm and reasonable approach to your case. Contact our office today to schedule a meeting about your spousal support concerns.