Texas · Alimony · Updated Oct 2026

Alimony in Texas

How spousal support works in a Texas divorce: when a court can order it, amount and length, recent changes, how it relates to dividing property and how to ask for it.

The short answer

Court-ordered 'spousal maintenance' is limited. You must lack enough property to meet minimum reasonable needs and either: your spouse committed family violence (within 2 years before or during the case); or you can't earn enough because of a disability, caring for a disabled child, or (if married 10+ years) lack of earning ability.

Property division
Community property
Law
Tex. Fam. Code 8.051, 8.054, 8.055.

Alimony rules in Texas

  • Court-ordered 'spousal maintenance' is limited.
  • You must lack enough property to meet minimum reasonable needs and either: your spouse committed family violence (within 2 years before or during the case); or you can't earn enough because of a disability, caring for a disabled child, or (if married 10+ years) lack of earning ability.
  • Amount: no more than $5,000 a month or 20% of the payer's average monthly gross income, whichever is less.
  • Length: up to 5 years (married under 10 years with family violence, or 10-20 years), 7 years (20-30 years), 10 years (30+ years), with exceptions for disability.

Law: Tex. Fam. Code 8.051, 8.054, 8.055.

Recent changes in Texas

H.B. 2524 (2025, effective Sept. 1, 2025) amended the divorce rules on attorney's fees, court costs and expenses (Tex. Fam. Code 6.708), temporary orders (6.502, 6.709) and spousal maintenance (8.0591 overpayment; new 8.063 fees in maintenance enforcement/modification). The core rules on residency, the 60-day wait and grounds did not change.

Good to know

Texas caps spousal maintenance at $5,000/month or 20% of gross income, whichever is less. (Tex. Fam. Code 8.055)

Alimony and property in Texas

Spousal support is a separate question from dividing property and debts.

System
Community property
The rule
Community property (generally what either spouse got during the marriage) is divided in a way the court finds 'just and right' — not necessarily 50/50. Separate property (owned before marriage, gifts, inheritances) is kept by its owner.

How to ask for alimony in Texas

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (Texas courts)

  2. Pay the fee or ask for a waiver

    Can't afford it? Statement of Inability to Afford Payment of Court Costs (Supreme Court of Texas form, Tex. R. Civ. P. 145): https://www.txcourts.gov/media/1456942/statement-of-inability-to-afford-payment-of-court-costs-or-an-appeal-bond-bilingual.pdf.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Not required by statute statewide; many Texas courts order mediation before a contested trial by local rule or order.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in Texas

How does alimony work in Texas?

Court-ordered 'spousal maintenance' is limited. You must lack enough property to meet minimum reasonable needs and either: your spouse committed family violence (within 2 years before or during the case); or you can't earn enough because of a disability, caring for a disabled child, or (if married 10+ years) lack of earning ability. Amount: no more than $5,000 a month or 20% of the payer's average monthly gross income, whichever is less. Length: up to 5 years (married under 10 years with family violence, or 10-20 years), 7 years (20-30 years), 10 years (30+ years), with exceptions for disability.

Has alimony law in Texas changed recently?

H.B. 2524 (2025, effective Sept. 1, 2025) amended the divorce rules on attorney's fees, court costs and expenses (Tex. Fam. Code 6.708), temporary orders (6.502, 6.709) and spousal maintenance (8.0591 overpayment; new 8.063 fees in maintenance enforcement/modification). The core rules on residency, the 60-day wait and grounds did not change.

Is Texas a community property state?

Yes. Community property (generally what either spouse got during the marriage) is divided in a way the court finds 'just and right' — not necessarily 50/50. Separate property (owned before marriage, gifts, inheritances) is kept by its owner.

More about divorce in Texas

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.