“Will I have to pay alimony?” and “Can I get alimony?” are two of the most common questions we hear from people starting a divorce in New Braunfels. The answer in Texas is more limited than many people expect. Court-ordered spousal maintenance is available only in specific situations, with strict caps on amount and duration. For Comal County families where one spouse stepped back from a career to raise children or support the other’s job, understanding these rules early helps set realistic expectations on both sides. Our family law attorneys represent both spouses who seek support and spouses asked to pay it.
Three Kinds of Spousal Support in Texas
| Type | When | Source |
|---|---|---|
| Temporary spousal support | While the divorce is pending | Court’s power to make temporary orders |
| Court-ordered spousal maintenance | After the divorce | Texas Family Code chapter 8 |
| Contractual alimony | After the divorce, by agreement | The parties’ settlement and decree |
Each works differently. Temporary support can bridge the gap during the case (see temporary orders). This page focuses mainly on post-divorce maintenance and contractual alimony.
Who Is Eligible for Court-Ordered Maintenance?
The requesting spouse must first show that, after the divorce, he or she will lack sufficient property, including separate property, to provide for minimum reasonable needs. Then one of the following must apply:
- Family violence. The other spouse was convicted of, or received deferred adjudication for, an offense that was family violence against the requesting spouse or the requesting spouse’s child, within two years before the divorce was filed or while it is pending.
- Long marriage. The marriage lasted 10 years or longer, and the requesting spouse lacks the ability to earn enough income to meet minimum reasonable needs.
- Disability. The requesting spouse cannot earn sufficient income because of an incapacitating physical or mental disability.
- Disabled child. The requesting spouse is the custodian of a child of the marriage, of any age, who requires substantial care or supervision because of a physical or mental disability, which prevents the spouse from earning sufficient income.
The diligence requirement
For long-marriage cases, Texas presumes maintenance is not warranted unless the requesting spouse shows he or she has exercised diligence in earning sufficient income or developing the skills to do so, during separation and while the divorce is pending. In practice, that means applying for jobs, taking classes, or pursuing training, and keeping records of those efforts.
How Much Maintenance?
The cap is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Within that limit, the court considers factors such as:
- Each spouse’s ability to provide for minimum reasonable needs independently, considering financial resources after the property division
- Education and employment skills, and the time needed to get training
- Length of the marriage
- Age, employment history, earning ability, and physical and emotional condition
- Child support obligations
- Contributions as a homemaker, and contributions to the other spouse’s education or earning power
- Marital misconduct, including adultery and cruel treatment
- Any history of family violence
- Property brought into the marriage
- Waste or concealment of community property
A hypothetical example
For example, imagine a Comal County couple married 16 years. One spouse earns $9,000 per month gross working in San Antonio; the other left a nursing job years ago to care for the children and has been taking refresher courses since separating. Twenty percent of $9,000 is $1,800, which is less than $5,000, so $1,800 per month would be the maximum the court could order. The actual amount, if any, would depend on proven needs and the statutory factors.
How Long Does Maintenance Last?
| Length of marriage / basis | Maximum duration |
|---|---|
| Under 10 years, eligible due to family violence | 5 years |
| 10 to 20 years | 5 years |
| 20 to 30 years | 7 years |
| 30 years or more | 10 years |
| Disability of spouse or custody of disabled child | May continue as long as the condition continues, subject to review |
Texas law also directs the court to limit maintenance to the shortest reasonable period that allows the recipient to meet minimum reasonable needs, unless the recipient’s ability is substantially diminished by disability, custody of a disabled child, or another compelling impediment.
When Maintenance Ends
Court-ordered maintenance terminates:
- At the end of the ordered term
- On the death of either spouse
- On the recipient’s remarriage
- On a court finding that the recipient cohabits with another person in a dating or romantic relationship in a permanent place of abode on a continuing basis
Contractual Alimony: More Flexible
Spouses can agree to support terms that go beyond what a court could order. Contractual alimony can be any amount, for any length, and can include tailored conditions. It is enforced as a contract, and its terms (including whether it ends on cohabitation or can be modified) depend on the written agreement.
Contractual alimony is common in settlements because it gives both sides certainty and can be traded against property. For instance, a spouse might accept less of a retirement account in exchange for several years of support, or vice versa. It is especially useful in high-asset divorce cases and in a gray divorce where earning years are limited.
Enforcement
Court-ordered maintenance can be enforced by income withholding and contempt. Contractual alimony is enforced under contract law unless the agreement is made enforceable as maintenance. The wording of the decree matters, so get it right at the outset. See enforcing a divorce decree.
Maintenance and Taxes
Under current federal law, for divorces finalized after 2018, alimony and maintenance payments generally are not deductible by the payor and are not taxable income to the recipient. Talk with a tax professional about your situation.
Spousal Support Questions in New Braunfels and Comal County
Whether you are the spouse who needs support or the spouse who may pay it, the outcome often turns on preparation: documenting needs and expenses, showing job search efforts, or demonstrating that the other spouse has the ability to work. Our office helps clients gather that evidence and evaluate whether a negotiated alimony agreement makes more sense than a court fight.
Talk With a New Braunfels Family Lawyer About Spousal Support
If spousal maintenance or alimony may be part of your Comal County divorce, we can help you understand where you stand. Call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Does Texas have alimony?
Texas law calls court-ordered support ‘spousal maintenance,’ and it is more limited than alimony in many states. Spouses can also agree to ‘contractual alimony’ in a settlement, which is not subject to the same statutory limits.
How much spousal maintenance can a Texas court order?
The court cannot order more than the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Within that cap, the amount is based on the receiving spouse’s minimum reasonable needs and the other factors in the statute.
When does spousal maintenance end?
It ends at the end of the ordered term, or earlier if either spouse dies or the recipient remarries. The court must also terminate it if the recipient cohabits with another person in a romantic or dating relationship in a permanent residence on a continuing basis.
Can I get temporary support while my divorce is pending?
Yes. Temporary spousal support while the case is pending is a separate concept from post-divorce maintenance and is not bound by the same eligibility rules. It is usually requested through temporary orders.
Can spousal maintenance be modified later?
Court-ordered maintenance can generally be modified based on a material and substantial change in circumstances, though the amount cannot be increased beyond what the original order allowed. Contractual alimony is governed by the terms of the agreement.
Last reviewed November 13, 2026. General information only, not legal advice.