Many people going through a divorce in Brownsville and the Rio Grande Valley ask whether one spouse will have to support the other after the divorce. Texas is more limited than many states on this point. Court-ordered post-divorce support, called spousal maintenance, is available only in specific situations, and the Texas Family Code caps both the amount and, in most cases, the duration. This article summarizes Chapter 8 of the Texas Family Code and related provisions. Sources were checked on November 3, 2026. This article does not evaluate any person's case, and it does not predict whether maintenance will be ordered or how much.

Key terms

  • Spousal maintenance: under Family Code Section 8.001, an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.
  • Temporary support during the case: separate from maintenance, a court may order temporary support for either spouse while a divorce is pending under Family Code Section 6.502. Our article on divorce petitions and temporary orders explains that stage.
  • Contractual alimony: spouses may agree to payments in a settlement. Those agreed terms are different from court-ordered maintenance under Chapter 8, as discussed below.

Who may be eligible

Under Section 8.051, a court may order maintenance only if the spouse seeking it will lack sufficient property on dissolution, including the spouse's separate property, to provide for the spouse's minimum reasonable needs, and one of the following applies:

  • The other spouse was convicted of or received deferred adjudication for a criminal offense that is also family violence, committed during the marriage against the spouse seeking maintenance or that spouse's child, and the offense occurred within two years before the divorce suit was filed or while the suit is pending; or
  • The spouse seeking maintenance:
  • - Is unable to earn sufficient income to provide for minimum reasonable needs because of an incapacitating physical or mental disability;
  • - Has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for minimum reasonable needs; or
  • - Is the custodian of a child of the marriage, of any age, who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income.

The presumption against maintenance

For the 10-year-marriage ground, Section 8.053 creates a rebuttable presumption that maintenance is not warranted unless the spouse seeking it has exercised diligence in earning sufficient income or in developing the necessary skills while the case is pending and during any period of separation.

Factors the court considers

If a spouse is eligible, Section 8.052 directs the court to consider all relevant factors in deciding the nature, amount, duration, and manner of payments, including:

  • Each spouse's ability to provide for minimum reasonable needs independently, considering financial resources on dissolution
  • Each spouse's education and employment skills, the time needed to gain education or training, and whether it is available and feasible
  • The length of the marriage
  • The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
  • The effect on each spouse's ability to pay while also paying child support or maintenance
  • Acts by either spouse resulting in excessive or abnormal expenditures, concealment, or fraudulent disposition of property
  • Contributions as a homemaker and contributions to the other spouse's education or earning power
  • Property brought to the marriage
  • Marital misconduct, including adultery and cruel treatment
  • A history or pattern of family violence

Limits on duration

Section 8.054 limits how long a maintenance order may last, except for certain disability or custodial cases:

  • Up to 5 years if the spouses were married less than 10 years and eligibility is based on the family violence ground, or if they were married at least 10 but less than 20 years
  • Up to 7 years if they were married at least 20 but less than 30 years
  • Up to 10 years if they were married 30 years or longer

The statute also directs the court to limit the duration to the shortest reasonable period that allows the spouse to earn sufficient income, unless the spouse's ability is substantially or totally diminished by a physical or mental disability, duties as custodian of an infant or young child, or another compelling impediment. When eligibility is based on the spouse's own disability or on caring for a disabled child, the court may order maintenance for as long as the spouse continues to qualify, and it may order periodic review.

Limits on amount

Under Section 8.055, a court may not order monthly maintenance that exceeds the lesser of $5,000 or 20 percent of the paying spouse's average monthly gross income. The section defines gross income to include items such as wages, commissions, tips, bonuses, self-employment income, net rental income, interest, dividends, and royalties. It excludes items such as return of principal or capital, accounts receivable, federal public assistance and TANF benefits, foster care payments, VA service-connected disability compensation, SSI, Social Security and disability benefits, and workers' compensation benefits. Read the full list in the statute.

When maintenance ends or changes

  • Termination (Section 8.056): the obligation ends on the death of either party or the remarriage of the person receiving it. After a hearing, the court orders termination if it finds the person receiving maintenance cohabits with another person in a dating or romantic relationship in a permanent place of abode on a continuing basis. Amounts already owed remain owed.
  • Modification (Section 8.057): a party may file a motion in the court that issued the order. The court may modify the amount or the manner of payment if there is a material and substantial change in circumstances. The change must have occurred after the order. A modification applies only to payments that accrue after the motion is filed, and the court may not increase maintenance beyond the amount or remaining duration of the original order. Losing a job or becoming disabled after the divorce is not, by itself, a basis to start maintenance that was not ordered at the divorce.

Enforcement

  • A payment not made on time is an arrearage (Section 8.058).
  • The court may enforce a maintenance order, or a court-approved agreement for maintenance under Chapter 8, by contempt (Section 8.059). However, the court may not use contempt to enforce any part of an agreed order that exceeds the amount or duration the court could have ordered under Chapter 8.
  • A court may order income withholding to pay maintenance (Section 8.101 and following).
  • If child support is also ordered, Section 8.062 addresses payment through the state disbursement unit.

Step by step: preparing for a maintenance question

1. Gather financial records

Collect tax returns, pay stubs, bank statements, and a list of monthly expenses.

2. Inventory property

Maintenance depends on whether a spouse will have sufficient property after division. Our article on community property division explains how property is divided.

3. Document work history and skills

Keep records of education, training, job applications, and efforts to find work.

4. Gather medical records, if a disability is involved

Records from treating providers help show the condition and its effect on employment.

5. Coordinate with child support

Maintenance and child support are separate, but the court considers both.

6. Review any proposed agreement carefully

Agreed terms beyond the statutory limits cannot be enforced by contempt under Section 8.059.

Frequently asked questions

Is "alimony" the same as spousal maintenance in Texas?

People often use the words interchangeably, but the Family Code uses "maintenance" for court-ordered payments under Chapter 8. Agreed payments in a settlement may follow different rules.

Can unmarried partners get maintenance?

Section 8.061 states that a court may not order maintenance between persons who were not married. Section 8.060 addresses a putative spouse in a void marriage.

Questions in Brownsville and South Texas

CRG Law assists families in Brownsville and South Texas with family law matters. If you are facing a divorce and want to understand how the Family Code treats spousal maintenance, you can contact the office to review the documents and information involved.