Texas courts can order one spouse to support the other after a divorce, but the rules are narrow, and the deadlines are strict. If you are preparing to request spousal maintenance or need an existing order changed, a Houston alimony lawyer at Kamal Law Firm Family Law and Immigration Lawyers can explain what the Texas Family Code allows. Our team handles petitions for maintenance, responses to a spouse’s request, and motions to modify orders that no longer fit either household.
We practice in the Harris County family courts, and we will tell you plainly whether the statute supports what you want to ask for. Call (713) 524-4529 to schedule a free case evaluation.
Why Choose Kamal Law Firm, PLLC for Alimony Cases in Houston?
Alimony questions usually come up alongside property division, mortgages, retirement accounts, and sometimes a child who needs ongoing care. Our attorneys have handled Texas family law matters for more than 10 years, and we treat a maintenance request as one piece of a larger financial picture rather than a standalone filing.
Founder Farah Kamal is a certified mediator, a member of the State Bar of Texas and its Diversity Committee, and admitted to practice before the U.S. District Court for the District of Texas. That mediation background matters here.
Many maintenance disputes resolve through a negotiated agreement rather than a contested hearing, and knowing which path fits your facts can save months.
Our office speaks Urdu, Hindi, and Spanish, and we answer client questions within 24 hours. You will always know where your case stands and what the next filing requires.
What Texas Law Calls Alimony and Why the Difference Matters
Texas statutes do not use the word alimony. Chapter 8 of the Texas Family Code refers to court-ordered support as spousal maintenance, and it is capped, time-limited, and available only to spouses who meet specific eligibility requirements.
Contractual alimony is a different instrument. It is a private agreement the spouses negotiate, and the court approves, and it is not bound by the statutory limits on amount or duration.
That distinction controls how payments get enforced years later. A court can enforce a maintenance order through contempt under Section 8.059, while contractual alimony is generally enforced as a contract. Income withholding also operates differently: Under Section 8.101, withholding does not apply to contractual alimony unless the contract permits it or the payments fall behind.
How to File an Alimony Petition in Houston
A maintenance request is usually made inside a divorce suit rather than as a separate case. Before a Texas court can hear that suit, Section 6.301 imposes a residency requirement. One spouse must have been a Texas domiciliary for the preceding 6 months and a resident of the filing county for the preceding 90 days.
Harris County’s 10 family district courts are located in the Civil Courthouse at 201 Caroline Street, and filings are submitted to the Harris County District Clerk via e-filing.
Section 8.051 sets a threshold. The spouse seeking support must lack sufficient property, including separate property, to provide for minimum reasonable needs after the divorce. That spouse must also fall within one of the qualifying categories the statute lists, such as a marriage of 10 years or longer paired with an inability to earn sufficient income.
The filing sequence generally follows these steps:
- Gather income records, monthly expenses, and documentation supporting the qualifying basis.
- File the original petition for divorce, pleading the request for spousal maintenance.
- Ask for temporary orders, which under Section 6.502 can include support payments while the case is pending.
- Exchange financial discovery and attend mediation if the court refers the case.
- Present the maintenance request at final hearing, or resolve it by agreement.
Limits Texas Places on a Spousal Maintenance Award
Qualifying is only the beginning. The statute then caps what a court is permitted to order:
- Amount. Section 8.055 limits monthly maintenance to the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income.
- Duration. Section 8.054 generally caps an order at 5 years when the marriage lasted at least 10 years but not more than 20. The cap rises to 7 years for marriages lasting 20 to 30 years, and to 10 years for marriages lasting 30 years or more. A 5-year cap also applies to shorter marriages when eligibility rests on a family violence conviction.
- Shortest reasonable period. Courts must limit maintenance to the shortest period that allows the receiving spouse to earn sufficient income, with exceptions for disability and the care of a young child of the marriage.
- A presumption against it. For the 10-year marriage basis, Section 8.053 creates a rebuttable presumption that maintenance is not warranted. The spouse seeking it must have exercised diligence in earning income or developing job skills during separation and while the suit was pending.
Longer support is possible when the receiving spouse has an incapacitating disability or cares for a child of the marriage who requires substantial supervision. Those orders can continue as long as the eligibility criteria still apply.
Filing a Motion to Modify an Alimony Order
Section 8.057 allows either affected party to file a motion to modify in the court that rendered the original order. After a hearing, the court may change the order on a proper showing of a material and substantial change in circumstances that occurred after the date of the order or decree.
The change can relate to either party or to a child of the marriage described in the statute, and courts look to the same factors that set maintenance in the first place. A significant income drop, a serious health change, or a shift in a disabled child’s care needs are the kinds of facts that support a motion.
Several limits surprise former spouses who wait:
- A modification applies only to payments accruing after the motion is filed. Filing late does not recover the months that already passed.
- A court may not increase maintenance beyond the amount or the remaining duration of the original order.
- Losing a job after the divorce is final does not create a right to maintenance that was never ordered in the first place.
Notice on a motion to modify follows the rules for filing an original lawsuit. The other party is served with citation, and any answer is due by 10 a.m. on the first Monday after 20 days from the date of service.
When Alimony Ends and How It Gets Enforced
Under Section 8.056, the obligation to pay future maintenance ends when either party dies, or the receiving spouse remarries. A court must also terminate the obligation after a hearing if the receiving spouse cohabits with a romantic partner in a permanent residence on a continuing basis. Amounts that accrued before termination remain owed.
When payments stop without a legal basis, enforcement options include a judgment for arrearages, income withholding through the paying spouse’s employer, and contempt proceedings. Each carries its own procedural requirements, and the remedy available depends on whether the support came from a court order or a private agreement.
Frequently Asked Questions About Houston Alimony Cases
Does Texas have alimony?
Yes, though the statute calls it spousal maintenance. Texas courts award it less often than courts in many other states, because eligibility is narrow and both the amount and the duration are capped. Spouses can also agree to contractual alimony as part of a settlement.
How long must you be married to receive alimony in Texas?
A marriage of 10 years or longer is one qualifying basis, paired with an inability to earn enough income to meet minimum reasonable needs. Shorter marriages can still qualify when eligibility rests on family violence, an incapacitating disability, or care of a disabled child of the marriage.
What disqualifies you from alimony in Texas?
Having enough property after the divorce to meet your minimum reasonable needs ends the inquiry, because Section 8.051 treats that as a threshold requirement. Failing to show diligence in earning income or developing job skills can also defeat a request resting on the 10-year marriage basis.
How is alimony calculated in Texas?
No formula exists. A court weighs the statutory factors, including each spouse’s financial resources, education and employment skills, the length of the marriage, contributions as a homemaker, marital misconduct, and any history of family violence. Whatever the court decides cannot exceed the statutory cap.
How long does alimony last in Texas?
Duration depends on the length of the marriage and the basis for eligibility, with statutory caps of 5, 7, or 10 years. Orders based on an incapacitating disability or the care of a disabled child can continue for as long as those conditions persist.
Can a Houston alimony order be changed after the divorce is final?
Yes. Either party can file a motion to modify with the court that issued the order, and the court may adjust it on proof of a material and substantial change in circumstances arising after that order. Any change reaches only payments accruing after the motion is filed.
Contact a Houston Alimony Lawyer Today
Whether you are preparing to request spousal maintenance or you need an existing order revisited, this area of Texas law rewards preparation and penalizes delay. Our attorneys will review your financial records, identify which eligibility basis fits your facts, and explain your realistic options before anything gets filed.
Call Kamal Law Firm, PLLC at (713) 524-4529, or reach our Houston office through our contact page, to schedule a free case evaluation with a Houston alimony lawyer.
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