Texas Alimony Laws

By Susan Buckner, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 11, 2024

Texas law allows spouses to request alimony during divorce under certain conditions. Not all spouses qualify for alimony or spousal support. When a couple considers divorce, they should consult a divorce attorney.

In Texas, "alimony" and "spousal support" have different meanings. Alimony is a regular monthly payment from one spouse to another. Courts will not order alimony payments, but couples can agree to them on their own.

Spousal support, or spousal maintenance, is temporary and lasts only until the receiving spouse is financially self-supporting. A requesting spouse must meet eligibility requirements for an award of spousal maintenance.

Eligibility for Alimony in Texas

The court only orders support if the reason for their inability to provide for reasonable minimum needs is:

Due to physical or mental disability
Due to ongoing care of a special-needs child of the marriage who needs parental care due to a physical or mental disability
The marriage lasted 10 years or more

Spousal maintenance is also ordered in a divorce proceeding if the obligor spouse was convicted of or got deferred adjudication for an act of family violence committed within the last two years before the divorce action or during the divorce case itself.

To qualify for spousal maintenance, the requesting spouse must show they can't meet their minimum reasonable needs once the divorce is final. To determine the requesting spouse's needs and financial status, courts look at:

The length of the marriage. The duration of maintenance payments depends on the duration of the marriage (Texas Family Code Section 8.054).
The age, health, and employment history of both spouses
The education and employment skills of each spouse
Financial resources of each spouse and the paying spouse's ability to make support payments
Contributions of each spouse to the marriage, including non-monetary contributions as homemaker and caring for children

The parties may agree to spousal support or alimony in their divorce settlement apart from the court order.

Amount and Duration of Spousal Maintenance Orders

If a recipient spouse qualifies for spousal maintenance, the judge determines the amount and duration based on Texas alimony laws.

Texas courts may award the lesser of:

$5,000 per month
20% of the paying spouse's average monthly gross income
Up to five years for marriages under 10 years if the paying spouse was convicted of domestic violence
Up to five years for marriages 10-20 years long
Up to seven years for marriages 20-30 years long
Up to 10 years for marriages over 30 years long
Indefinitely for disabled petitioners or parents of disabled children

Can Unmarried Partners Get Alimony in Texas?

Generally, no. However, unmarried couples who have children together may still have to sort through issues of child support and child custody if they split up. And there are some circumstances where people who are not technically married can benefit from spousal support (or something similar).

You may have heard the term "palimony" used to refer to romantic partners who receive financial support after a breakup despite never being married. However, palimony is not a legal term and states do not typically provide for it by name.

Some states allow for financial support similar to alimony based on cohabitation agreements. However, these agreements must meet certain criteria to be enforceable.

Texas generally disfavors palimony, and there are only limited circumstances in which parties that have not been legally married may make a claim for financial support.

Common Law Marriage in Texas

In some states, unmarried couples can be granted the same rights as a married couple through informal or "common law" marriage.

Texas recognizes common-law marriage. So, in general, a person who would qualify for spousal support in a traditional marriage could also qualify if they are common law married.

To be recognized as informally married, state law in Texas requires a couple to:

Agree to be married
Live together as a couple
Represent to others that they are married

"Representing to others" that you're married is a little vague. Generally, this means doing things that make others believe you're married. For example, introducing yourself as married, or having joint finances.

Annulment and Spousal Support in Texas

Annulment is a process where the court finds that a marriage is legally invalid. In limited circumstances, a party to a marriage that was annulled (the "putative spouse") may be eligible for "maintenance," another term for spousal support. This would technically qualify as palimony since there was no legal marriage.

The following chart outlines the qualifications for both annulment and spousal support that must be met under Texas law.

Statute	Texas Family Code Title 1, Subtitle C, Chapter 8, Subchapter B, 8.060
Eligibility	The putative spouse: Was unaware of the existing impediment to a valid marriage; and Is otherwise qualified to receive maintenance
Qualification	The paying spouse was convicted or received deferred adjudication for an act of family violence committed either during the marriage (but no more than two years before the suit for divorce) or during the pendency of the divorce itself. The spouse seeking maintenance is unable to earn sufficient income to support their reasonable needs, and their inability is due to physical or mental disability, their responsibility as the custodian of a child of the marriage who needs exceptional care due to their physical or mental disability, The marriage lasted 10 or more years.
Duration	Alimony awards are payable for: Up to 5 years if the marriage lasted less than 10 years and the paying spouse was abusive, or the marriage was 10-20 years long Up to 7 years if the marriage was 20-30 years long Up to 10 years if the marriage was more than 30 years long Where the petitioning spouse or their dependent child is disabled the alimony may be indefinite, providing the underlying basis for alimony persists

Note: FindLaw strives to provide the most current information available. However, state laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. Consulting with a Texas family law attorney is the best way to determine how these laws might apply to your unique situation.