How Long Do You Have to Be Married in Texas to Get Alimony

In most situations, you must have been married for at least 10 years to qualify for court-ordered alimony in Texas. While exceptions exist, particularly in cases involving family violence, the 10-year mark is the standard requirement in most spousal maintenance cases. If you are going through a divorce and want to know whether you may be entitled to spousal support, an attorney can review your case.

What Is Alimony in Texas?

Texas law draws a distinction between spousal maintenance and spousal support that trips up many people. Court-ordered spousal maintenance, also known as alimony, is governed by Texas Family Code Chapter 8. A court can award it when one spouse lacks the property and income to meet basic needs after a divorce.

Contractual spousal support, on the other hand, is a voluntary arrangement agreed upon by both spouses as part of a settlement and is enforceable like a contract rather than a court order.

Is There an Alimony Cap in Texas?

Yes. Under Texas Family Code § 8.055, spousal maintenance is limited to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The court cannot order more than that amount, regardless of the income gap between the spouses.

That ceiling can feel significant when one spouse earned considerably more than the other throughout the marriage. For example, if the paying spouse earns $18,000 per month, 20% would be $3,600, which is well below the $5,000 cap, meaning the lower figure controls. The cap is designed to provide support without creating an indefinite financial burden on the paying spouse.

What Are the Eligibility Criteria for Spousal Maintenance in Texas?

Before a court will award spousal maintenance, you must demonstrate that you will lack enough property after the divorce to cover your minimum reasonable needs. This is the baseline threshold every applicant must meet. Beyond that, you must also meet at least one of the following conditions under Texas Family Code § 8.051:

• Family violence conviction: Your spouse was convicted of or received deferred adjudication for family violence against you within two years before the divorce was filed or while the divorce was pending.
• Long-term marriage: The marriage lasted 10 years or longer, and you cannot earn enough income to support yourself.
• Personal disability: You have an incapacitating physical or mental disability that prevents you from earning an adequate income.
• Child’s disability care: You are the custodian of a child who requires substantial care because of a physical or mental disability.

The court will also weigh your financial resources, employment skills, and the length of your marriage before deciding whether maintenance is appropriate in your situation.

More on Texas Marriage Length Requirements for Alimony

The 10-year marriage requirement is the most common path to eligibility. If your marriage lasted fewer than 10 years, a court can still award maintenance, but only if the family violence exception applies. Without that factor, a shorter marriage will not qualify for court-ordered payments regardless of the income disparity between spouses. Texas is notably strict on this point compared to many other states.

How Does the Length of the Marriage Affect the Length of Alimony in Texas?

The longer your marriage lasted, the longer a court can order spousal maintenance payments to continue. Texas law ties the maximum duration directly to how many years you were married:

• 10 to 20 years of marriage: The court may order maintenance for up to five years from the date of the order, giving the receiving spouse time to gain skills or employment to become self-supporting.
• 20 to 30 years of marriage: Maintenance can last up to seven years, reflecting the deeper financial interdependence that builds over two decades together.
• 30 years or more of marriage: The maximum duration is 10 years, the longest period Texas courts can order in standard cases.

These caps represent the maximum duration a court can order, not a guaranteed timeline. Judges frequently award shorter periods based on the receiving spouse’s ability to become financially independent.

Can You Receive Lifetime Alimony in Texas?

Texas does not award permanent or lifetime spousal maintenance in the traditional sense. The only situation where payments may continue indefinitely is when the receiving spouse has an incapacitating physical or mental disability, or is caring for a child of the marriage whose disability requires substantial supervision. 

In those cases, the court can extend maintenance for as long as the qualifying condition persists, subject to periodic review. Outside of those circumstances, every maintenance order in Texas has a hard end date.

When Is Alimony Terminated?

Spousal maintenance does not always run the full length of its original term. Several events can bring payments to an end before the scheduled date:

• The death of either spouse
• The remarriage of the spouse receiving payments
• The receiving spouse begins cohabiting with another person in a dating relationship on a continuing, conjugal basis
• A court modification based on a material and substantial change in circumstances
• The expiration of the maximum statutory duration
• The receiving spouse becomes able to meet their basic needs independently

Any of these triggers can cut payments off without warning if you are not prepared, so staying informed about your rights and obligations is important as your circumstances change.

Contact Our Houston Alimony Attorneys Now

Are you wondering whether the length of your marriage qualifies you for spousal maintenance, or are you concerned about how much and how long you might be ordered to pay? The outcome of these questions can affect your financial future for years, and the sooner you get answers specific to your situation, the better position you will be in to make informed decisions.

Call C. E. Schmidt & Associates PLLC at (281) 550-6650 or contact us online to schedule a consultation with our Houston spousal maintenance lawyers, who will break down how Texas law applies to your marriage, clarify what you may be entitled to or responsible for, and guide you toward the strongest possible outcome.

For experienced Houston family law attorneys skilled in asset division during divorce, contact C.E. Schmidt & Associates, PLLC today to schedule a consultation.

We proudly serve clients across Texas. Visit our Houston office at:

16000 Memorial Drive Suite 230,
Houston, TX 77079
Phone: (346) 235 1658

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