Spousal Maintenance Attorney — Conroe & Greater Houston, TX
Texas limits court-ordered spousal maintenance strictly under Family Code Chapter 8 — but when it applies, the amount and duration can significantly affect both parties' financial futures. Our firm represents clients in spousal maintenance matters across Conroe, Houston, and Greater Houston. Free consultation.
Spousal Maintenance in Texas — Strictly Limited, Significant When It Applies
Texas applies strict limits to court-ordered spousal maintenance. Unlike many states, a Texas court cannot award maintenance simply because one spouse earns significantly more than the other, or because one spouse made career sacrifices during the marriage. Eligibility requires meeting specific statutory criteria under Texas Family Code Chapter 8, and the amount and duration are capped by law.
That said, when maintenance is available — or when spouses negotiate contractual alimony as part of a divorce settlement — the financial stakes are real. For the spouse receiving support, maintenance can materially affect post-divorce financial stability. For the spouse paying it, an unwarranted or inflated award affects income and financial planning for years. The legal strategy on both sides of a maintenance dispute matters.
A spouse is only eligible for court-ordered maintenance if they meet one of the statutory grounds: a marriage of at least ten years combined with inability to meet minimum reasonable needs; a physical or mental disability preventing self-support; custodial responsibility for a child of the marriage with a disability requiring substantial care; or the other spouse's conviction for family violence within two years of filing.
Contractual alimony — agreed to voluntarily between spouses outside the court-ordered framework — is not subject to these statutory limits. Many divorcing spouses in Texas negotiate contractual alimony as part of a comprehensive settlement, particularly in high-asset divorces where flexibility on support terms can facilitate agreement on other issues. Contractual alimony is generally governed by the terms of the parties' agreement and may involve different enforcement mechanisms than court-ordered maintenance. Whether cohabitation or remarriage terminates the obligation depends on the terms of the agreement, not the statute.
Eligibility Analysis & Strategy
Whether you are seeking maintenance you may be entitled to under Texas law or negotiating the terms of contractual alimony as part of a broader settlement, the eligibility analysis, factual development, and strategy are highly case-specific. Our firm handles spousal maintenance matters in Conroe, Houston, and across Greater Houston.
Court-Ordered Maintenance vs. Contractual Alimony vs. Temporary Support
Awarded by a judge after finding statutory eligibility under TFC § 8.051. Capped at the lesser of $5,000/month or 20% of gross monthly income under § 8.055. Duration tied to marriage length. Enforceable through contempt of court. Automatically terminates on death or remarriage under § 8.056. May be modified on material change under § 8.057.
Voluntarily agreed to by both spouses as part of the divorce settlement and incorporated into the final decree. Not subject to the § 8.055 caps or statutory duration limits. Governed by the terms of the parties' agreement. Enforcement mechanisms may differ from court-ordered maintenance. Termination on remarriage or cohabitation depends on the agreement's terms, not the statute.
Ordered during the pendency of a divorce proceeding to maintain the financial status quo. Available under TFC § 6.502 as part of temporary orders. Separate from the final maintenance determination and ends when the divorce is finalized. Particularly important when one spouse controls most of the marital income or liquid assets during the proceeding.
Who Qualifies for Court-Ordered Maintenance in Texas?
10-Year Marriage + Insufficient Resources
The marriage lasted at least ten years and the spouse seeking maintenance lacks sufficient property to meet minimum reasonable needs and cannot support themselves through employment due to a physical or mental disability, because they are the primary caregiver for a young child of the marriage, or because they lack earning ability in the labor market sufficient to provide for minimum reasonable needs.
Family Violence Conviction
The paying spouse was convicted of or received deferred adjudication for a family violence offense against the other spouse or a member of the household, and the offense occurred within two years before the divorce was filed or while the divorce was pending. This basis applies regardless of the length of the marriage.
Physical or Mental Disability
The spouse seeking maintenance has an incapacitating physical or mental disability that prevents them from earning sufficient income to meet their minimum reasonable needs — regardless of the length of the marriage. Maintenance based on disability may continue as long as the disabling condition persists, without the duration caps that apply under other grounds.
Custodian of Child with Disability
The spouse seeking maintenance is the primary caregiver of a child of the marriage — regardless of age — who has a physical or mental disability requiring substantial care and personal supervision, and that caregiving responsibility prevents the spouse from earning sufficient income to meet minimum reasonable needs.
How Courts Determine the Amount and Duration of Maintenance
Once eligibility is established, the court does not simply award the statutory maximum. Under Texas Family Code § 8.052, courts must consider a range of factors in determining the nature, amount, duration, and manner of periodic payments. These factors make maintenance determinations highly fact-specific — and the quality of the factual record built on each factor directly affects the outcome.
The statutory cap under § 8.055 sets the ceiling, but the court's discretion on the amount within that ceiling — and the duration up to the statutory maximum — is shaped by how the § 8.052 factors are presented and weighed.
Texas courts have significant discretion in maintenance determinations. The Texas Supreme Court in Tenery v. Tenery, 932 S.W.2d 29 (Tex. 1996) confirmed that the trial court's maintenance determination will not be disturbed on appeal absent a clear abuse of discretion — which underscores the importance of building a complete and persuasive factual record at the trial level.
Modification & Termination
Under TFC § 8.057, court-ordered maintenance may be modified or terminated on a material and substantial change in circumstances of either party. Under § 8.056, maintenance automatically terminates on the death of either party or the remarriage of the recipient, and may be terminated if the recipient cohabitates with another person in a romantic relationship on a continuing basis.
Contractual alimony follows its own agreed terms — automatic termination on remarriage or cohabitation only applies if the agreement expressly says so.
Our Office
141 N. San Jacinto Street
Conroe, TX 77301
Mon–Thu: 8:30 AM – 5:30 PM
Fri: 8:30 AM – 12:00 PM
Sat–Sun: By Appointment
Spousal Maintenance Representation in Conroe, Houston & Greater Houston
Our firm handles spousal maintenance and contractual alimony matters throughout the Greater Houston area — including Conroe, The Woodlands, Spring, Tomball, Magnolia, Willis, and Montgomery in Montgomery County, and Houston, Cypress, Humble, Kingwood, Katy, Sugar Land, and Pearland in Harris County. We also serve clients in Fort Bend County, Brazoria County, and Waller County. Free consultations are available by phone or online.
Spousal Maintenance FAQ — Texas
Court-ordered maintenance under Texas Family Code Chapter 8 is awarded by a judge after finding statutory eligibility. It is subject to the $5,000/20% monthly cap and duration limits, and enforceable through contempt of court — including potential incarceration for willful nonpayment. It terminates automatically on death or remarriage under § 8.056.
Contractual alimony is a voluntary agreement between spouses incorporated into the divorce decree. It is not subject to the statutory caps. Contractual alimony is governed by the terms of the agreement and may involve different enforcement mechanisms. It does not automatically terminate on remarriage or cohabitation unless the agreement expressly provides for it.
Questions About Spousal Support in Texas? Let's Talk.
Serving Conroe, Houston, and Greater Houston. Consultations are free and confidential.
(713) 352-6900 Schedule Your Free ConsultationServing Greater Houston & Surrounding Counties
This firm represents clients throughout Montgomery, Harris, Fort Bend, Brazoria, and Waller Counties — with our office based in Conroe, steps from the Montgomery County Family Law Courts.
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Attorney advertising. Fritz and Phillips, PC is a Texas law firm. The information on this website is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Prior results do not guarantee similar outcomes. Jessica Fritz (TX Bar 2008) and Keith Phillips (TX Bar 2016) are the attorneys responsible for this content.