Alimony and Spousal Support in Texas

Court-ordered spousal maintenance is limited. It is available only if the spouse asking for it will lack enough property, including separate property, to meet minimum reasonable needs, and either (1) the other spouse committed family violence within two years before filing or while the case was pending, or (2) the requesting spouse cannot earn enough because of an incapacitating disability, has been married 10 years or longer and lacks the ability to earn enough, or cares for a disabled child of the marriage. Payments may not exceed the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. The maximum length is generally 5 years (marriages of 10–20 years, or under 10 years when based on family violence), 7 years (20–30 years) or 10 years (30 years or more), and should be the shortest reasonable period; disability-based maintenance can continue as long as the eligibility continues.

Texas is a community property state. Community property is property, other than separate property, acquired by either spouse during the marriage, and property held by either spouse during or at the end of the marriage is presumed to be community property. Separate property is property owned before marriage, property received during marriage by gift or inheritance, and personal-injury recoveries (except for lost earning capacity during the marriage); it must be proved by clear and convincing evidence. In a divorce, the court divides the estate in a way it considers "just and right," having due regard for the rights of each party and any children.