Alimony
Alimony (Spousal Maintenance) in The Woodlands, Texas
If you’re going through a divorce or a family law matter in The Woodlands, Texas, and are wondering whether alimony (spousal maintenance) is available, you’re not alone. Many people struggle to understand:
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Whether they qualify for alimony
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How much they could receive
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How long it might last
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How the Texas Family Code controls the law
At Hernandez Law Firm, we help families in The Woodlands and Montgomery County navigate these complex issues with clarity and compassion.
What Is Alimony (Spousal Maintenance) in Texas?
In Texas, “alimony” is legally called spousal maintenance. It’s a court-ordered payment from one spouse to the other after separation or divorce. Unlike child support (which is defined in Texas Family Code Chapter 154), spousal maintenance is governed by Texas Family Code Chapter 8.
Spousal maintenance is not automatic. Texas law only allows maintenance in certain situations when strict criteria are met.
The Legal Source: Texas Family Code
The law governing spousal maintenance comes from the Texas Family Code (Chapter 8). These statutes define:
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Who may qualify for support
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When support is allowed
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How long payments can continue
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Factors courts consider in awarding maintenance
All statutory text referenced below is drawn from the official Texas Family Code.
Eligibility: Who Can Get Spousal Maintenance in Texas?
Under Texas Family Code §8.051, a spouse may be eligible for maintenance only if all of the following are true:
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The requesting spouse lacks sufficient property (separate and marital) to meet minimum reasonable needs; and
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One of the qualifying conditions listed in the statute applies.
Qualifying Conditions for Spousal Maintenance
Texas law lists four main ways a spouse can qualify:
1. Disability of the Spouse
If a spouse has a physical or mental disability that prevents them from earning sufficient income, the court may award maintenance.
This provision exists to help spouses who genuinely cannot support themselves due to disability.
2. Long-Term Marriage with Limited Earning Ability
If the marriage lasted 10 years or longer, and the spouse seeking maintenance lacks the ability to earn enough to meet minimum reasonable needs because of an incapacitating physical or mental disability, lack of education or employment skills, or responsibilities as the custodian of a disabled child, maintenance may be awarded.
This category recognizes that long-term marriages often involve economic interdependence, and it provides a statutory pathway when one spouse’s financial position is significantly weaker.
3. Family Violence
If within two years before the filing of the divorce or during the divorce process, the spouse seeking maintenance was a victim of family violence committed by the other spouse, the court may award support.
Family violence includes acts intended to cause bodily injury, fear of imminent harm, or sexual assault.
4. Custodial Care for a Disabled Child
If the spouse seeking maintenance is the primary caregiver of a child of the marriage who requires substantial care due to a disability, the court may award support.
This condition recognizes that caregiving responsibilities can limit a person’s ability to work and earn income.
What Does “Minimum Reasonable Needs” Mean?
Texas law doesn’t define this term with a rigid formula, but courts will consider:
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Basic shelter and utilities
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Food and necessary clothing
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Child support obligations (if applicable)
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Health insurance and medical needs
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Transportation needs for work
The court will compare a spouse’s property and income (including wages and benefits) with these essential needs to decide if maintenance is appropriate.
Amount and Duration of Spousal Maintenance
When maintenance is awarded, the judge determines:
How Much
Under Texas Family Code §8.055, maintenance payments generally cannot exceed the lesser of:
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$5,000 per month; or
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20% of the paying spouse’s average monthly gross income.
This cap helps ensure that support awards remain structured and predictable.
For How Long
The duration of spousal maintenance depends on the length of the marriage and the specific qualifying condition:
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Marriage < 10 years: up to 5 years
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Marriage 10–20 years: up to 7 years
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Marriage 20+ years: up to 10 years
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Disability or family violence cases: can extend longer (as needed)
These limits are set by Texas Family Code §8.057.
How Courts Decide Spousal Maintenance Requests
Even if a spouse technically qualifies under the statute, Texas judges still have discretion. Courts will evaluate:
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Each spouse’s earning ability
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Education, training, job skills
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Age and physical condition
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Contribution to the family during marriage
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Separate property and financial resources
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Childcare responsibilities
These factors help the court decide both if maintenance should be awarded and what amount/duration is appropriate.
Alimony vs. Child Support: How They Work Together
Important Distinction:
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Child support is designed to provide for the children’s needs
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Spousal maintenance is designed to support a spouse who qualifies under Texas law
Both can be ordered in the same family law case, but they serve different purposes and are governed by different sections of the Texas Family Code.
For example:
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Child support may continue until a child turns 18 or graduates high school.
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Spousal maintenance can be ordered separately and may end earlier based on statutory duration limits.
Enforcement of Spousal Maintenance Orders
Once a spousal maintenance order is in place, failure to pay can result in:
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Contempt of court
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Wage withholding
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Liens on property
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License suspension (in extreme cases)
Texas courts take court-ordered support seriously and have tools to enforce compliance.
Modifying Spousal Maintenance
Spousal maintenance orders can be modified by the court if the circumstances of either spouse change significantly — for example:
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Loss of job
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Significant change in income
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Remarriage of the receiving spouse
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Change in health or caregiving circumstances
A motion to modify must be filed in the same court that issued the original order.
Unique Considerations for Hispanic Families in The Woodlands
As a law firm that serves many Hispanic clients, Hernandez Law Firm understands that:
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Cultural and family dynamics can affect expectations regarding support
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Language barriers should never prevent understanding legal rights
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Clear explanations in both English and Spanish are essential
We offer bilingual support, compassionate service, and culturally respectful representation through every stage of your case.
Frequently Asked Questions (FAQs)
Q: Is spousal maintenance automatic in a Texas divorce?
No. Texas law requires strict eligibility criteria under Texas Family Code Chapter 8.
Q: How long can I receive alimony?
The maximum duration depends on your marriage length and qualifying condition, often ranging from up to 5 to 10 years.
Q: Can maintenance and child support be ordered together?
Yes. They serve different purposes and can be ordered in the same case.
Q: Does a spouse need to prove fault to get alimony?
No. Eligibility is based on statutory criteria, not fault.
Why You Should Hire an Experienced Spousal Maintenance Attorney
Spousal maintenance cases require:
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Deep understanding of the Texas Family Code
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Accurate financial discovery and income documentation
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Strong advocacy for your needs and future
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Experience in negotiating or litigating sensitive financial issues
At Hernandez Law Firm, we help you understand your rights and fight for fair support that reflects your financial needs.
Contact Jordan Hernandez a Spousal Maintenance Lawyer in The Woodlands
If you are facing questions about alimony/spousal maintenance in The Woodlands, Texas, contact Hernandez Law Firm for a consultation tailored to your situation.
