What Disqualifies You From Alimony in Texas? Your Complete Guide to Spousal Support Eligibility
Getting divorced in Texas means facing tough financial questions. One of the most pressing is whether you’ll receive—or pay—spousal support. Understanding what disqualifies you from alimony in Texas can save you months of uncertainty and help you prepare realistically for your financial future.
Unlike many other states, Texas makes alimony difficult to obtain. The state calls it “spousal maintenance,” and it comes with strict eligibility requirements that automatically disqualify many people from receiving support.
Understanding Texas Spousal Maintenance Basics
Texas doesn’t guarantee alimony to anyone. The Texas Family Code establishes that spousal maintenance is only awarded when specific conditions are met. You must first prove you’ll lack sufficient property after divorce to meet your minimum reasonable needs.
Even then, you need to qualify under one of several narrow categories. This two-step process means most divorcing spouses won’t receive court-ordered maintenance.
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Top Reasons You’ll Be Disqualified From Alimony in Texas
Marriage Lasted Less Than 10 Years
The most common disqualifier is simple: if your marriage lasted less than 10 years, you’re generally disqualified from receiving alimony in Texas—with one critical exception.
The only way to receive spousal maintenance in a marriage under 10 years is if your spouse was convicted of or received deferred adjudication for family violence committed against you or your child within two years before filing for divorce or during the divorce proceedings.
Without proven domestic violence, marriages under the 10-year mark automatically fail the eligibility test under Texas Family Code § 8.051.
You Have Sufficient Income or Assets
Texas courts will disqualify you from alimony if you have enough property or income to provide for your minimum reasonable needs after the divorce. This includes your separate property and your share of community property from the divorce settlement.
Even if your marriage lasted 10+ years, having adequate financial resources disqualifies you. The court examines your actual ability to support yourself, not just whether there’s a wage gap between spouses.
You Failed to Seek Employment Diligently
Texas law presumes maintenance isn’t warranted unless you’ve exercised diligence in earning sufficient income or developing necessary job skills during separation and throughout the divorce process.
If you didn’t actively look for work, pursue education, or develop employable skills while separated, the court may disqualify you from alimony. You must demonstrate genuine effort to become self-supporting.
Marital Misconduct Works Against You
While Texas courts consider marital misconduct—including adultery and cruel treatment—when determining maintenance, proving your spouse’s misconduct doesn’t guarantee you’ll receive support. However, your own misconduct can definitely work against you.
If you committed adultery, the court may factor this into its decision and reduce or deny your maintenance claim. The same applies to cruel treatment, abandonment, or conviction of a felony during the marriage.
You’re Cohabiting With a New Partner
If you move in with someone you’re dating or in a romantic relationship with on a continuing basis, your spousal maintenance terminates automatically. This cohabitation disqualifies you from receiving any future payments.
The court defines this as living together in a permanent place of abode. Casual dating doesn’t count—but sharing a home with a romantic partner does.
You Remarried
Remarriage immediately terminates your right to receive spousal maintenance in Texas. This is an absolute disqualifier.
Once you’re remarried, all future maintenance obligations end, though any arrearages (past-due payments) remain owed.
Financial Factors That Prevent Alimony Awards
Property Division Provides Adequate Support
During divorce, Texas divides community property between spouses. If this division gives you enough assets to generate income or meet your needs, you’re disqualified from maintenance.
Courts look at whether your property share—including retirement accounts, real estate, and investments—can sustain you without requiring payments from your ex-spouse.
Your Earning Capacity Is Sufficient
Even if you’re not currently employed, the court evaluates your earning capacity. If you have marketable skills, education, or work experience that would allow you to earn adequate income, you may be disqualified.
The court considers your age, employment history, education level, and physical condition when assessing earning capacity.
The Marriage Duration Doesn’t Support Your Claim
Even qualifying marriages face duration limits on maintenance. Marriages of 10-20 years qualify for maximum five years of support. Marriages of 20-30 years can receive up to seven years. Only marriages lasting 30+ years qualify for up to 10 years of maintenance.
These are maximum limits—not guarantees. The court orders the shortest reasonable period for you to become self-sufficient.
Specific Legal Disqualifications Under Texas Law
No Physical or Mental Disability
One exception to the 10-year rule is having an incapacitating physical or mental disability that prevents you from earning sufficient income. Without documented disability preventing employment, this path to maintenance isn’t available.
The disability must be substantial enough that it prevents you from meeting your minimum reasonable needs through work.
Not Caring for a Disabled Child
Another exception exists if you’re the custodian of a child from the marriage who has a physical or mental disability requiring substantial care and personal supervision that prevents you from working. Without this specific circumstance, this qualification doesn’t apply.
Waived Maintenance Rights
If you signed a prenuptial or postnuptial agreement waiving your right to spousal maintenance, you’ve contractually disqualified yourself. Texas courts generally enforce these agreements unless they were signed under duress or contain unconscionable terms.
Voluntary Unemployment or Underemployment
If the court finds you voluntarily quit your job or reduced your work hours to create a financial need for maintenance, you’ll likely be disqualified. Texas courts won’t reward spouses who manipulate their employment status.
What About Contractual Alimony?
Texas distinguishes between court-ordered maintenance and contractual alimony. The strict disqualifications above apply to court-ordered spousal maintenance under Texas Family Code Chapter 8.
Spouses can agree to contractual alimony in their divorce settlement with different terms, amounts, and duration. These private agreements aren’t subject to the same legal restrictions—but they also can’t be modified by courts later unless the contract specifically allows modification.
Maximum Amounts and Duration
Even if you qualify, Texas caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income.
These financial limits mean even successful maintenance claims result in modest support compared to other states.
How Courts Evaluate Your Maintenance Claim
When determining eligibility and amounts, Texas courts consider multiple factors including each spouse’s financial resources, education and employment skills, duration of marriage, age, physical condition, contribution as homemaker, and any history of family violence.
The court examines your entire financial picture—not just current income. Past earning history, educational credentials, and market conditions all matter.
Post-Divorce Changes That Disqualify You
Loss of employment or disability that occurs after your divorce is finalized cannot be used as grounds to institute spousal maintenance later. The time to establish eligibility is during your divorce proceedings.
Once the divorce is final without a maintenance order, you generally cannot return to court to request support based on subsequent hardship.
Steps to Protect Your Maintenance Rights
If you believe you may qualify for spousal maintenance:
Document your financial need thoroughly. Gather evidence showing you cannot meet minimum reasonable needs with available property and income.
Demonstrate job-seeking efforts. Keep records of applications, interviews, educational programs, and training you pursue during separation and divorce.
Calculate marriage duration precisely. Include the date of marriage through the date of divorce filing for exact calculations.
Preserve evidence of qualifying factors. If claiming disability, domestic violence, or childcare responsibilities, compile medical records, police reports, or care documentation.
Don’t cohabitate during proceedings. Avoid romantic living arrangements that could jeopardize your claim.
Understanding Modification and Termination
If you’re awarded maintenance, be aware it can be modified or terminated based on material changes in circumstances. The court can reduce or end payments if your financial situation improves significantly.
Conversely, if the paying spouse experiences substantial income reduction, they may seek modification to reduce payments—though the court cannot increase maintenance beyond the original order’s amount or duration.
The Reality of Texas Alimony
Texas maintains one of the strictest spousal maintenance systems in the nation. The state strongly favors property division over ongoing support obligations.
Most divorcing spouses either don’t qualify for court-ordered maintenance or receive only temporary, modest support. Understanding these limitations early helps you make realistic financial plans for post-divorce life.
If you’re facing divorce and have questions about spousal support eligibility, consulting with an experienced Texas family law attorney is essential. Every case has unique factors that could affect your qualification for maintenance.
Legal Citations and References
Texas Family Code § 8.051 – Establishes eligibility requirements for spousal maintenance including the 10-year marriage rule, disability exceptions, and family violence provisions.
Texas Family Code § 8.052 – Details factors courts must consider when determining maintenance amount and duration, including marital misconduct and earning abilities.
Texas Family Code § 8.053 – Creates rebuttable presumption that maintenance isn’t warranted without diligent employment efforts during separation.
Texas Family Code § 8.054 – Sets maximum duration limits: 5 years (10-20 year marriages), 7 years (20-30 year marriages), 10 years (30+ year marriages).
Texas Family Code § 8.055 – Caps maintenance at lesser of $5,000/month or 20% of obligor’s average monthly gross income.
Texas Family Code § 8.056 – Mandates termination upon obligee’s remarriage or cohabitation with romantic partner.
Texas Family Code § 8.057 – Prohibits instituting maintenance for loss of employment or disability occurring after divorce finalization.
Disclaimer: This article provides general legal information about Texas spousal maintenance laws. It does not constitute legal advice for your specific situation. Texas family law is complex and courts have discretion in applying these rules. Consult with a qualified Texas family law attorney to understand how these laws apply to your circumstances.
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
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