Support · Support No. 07
Spousal support and alimony
Court-ordered maintenance in Texas is limited. Negotiated alimony is not. Knowing the difference shapes every settlement.
(What this involves)
How we approach it
Texas law limits court-ordered spousal maintenance: who qualifies, how much, and for how long. In high-income households, those limits often sit far below what one spouse needs after a long marriage, especially a spouse who stepped back from a career.
That is why many high-asset settlements use contractual alimony, an agreed payment written into the settlement. It can be more flexible and larger than court-ordered maintenance, but it is enforced as a contract, so the drafting matters.
This may apply if
- One spouse stepped back from a career to raise children or support the other's
- Income is high but irregular: bonuses, distributions, commissions
- You pay or receive support and circumstances have changed
- A business owner's real income is hard to see on a tax return
- You are weighing a lump sum instead of monthly payments
Questions we answer early
- 01 Does either of us qualify for court-ordered maintenance?
- 02 How is income measured when much of it is bonus or distributions?
- 03 Monthly payments, a lump sum, or more property instead?
- 04 Can support be changed later?
- 05 What security is there if payments stop?
Side by side · two kinds of support in Texas
- Who decides
- Court-orderedA judge, if the requesting spouse qualifies under the statute
- ContractualThe two of you, in a signed settlement
- Limits
- Court-orderedCapped by statute in amount and in duration
- ContractualWhatever the agreement says
- Changing it
- Court-orderedPossible after a material and substantial change
- ContractualOnly as the agreement allows
- Enforcing it
- Court-orderedCourt orders, including contempt
- ContractualUsually enforced as a contract
| Question | Court-ordered maintenance | Contractual alimony |
|---|---|---|
| Who decides | A judge, if the requesting spouse qualifies under the statute | The two of you, in a signed settlement |
| Limits | Capped by statute in amount and in duration | Whatever the agreement says |
| Changing it | Possible after a material and substantial change | Only as the agreement allows |
| Enforcing it | Court orders, including contempt | Usually enforced as a contract |
How the work runs § 2
Four steps, in order.
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01
Need
A realistic budget for life after the divorce, built from actual spending.
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02
Income
True income measured across bonuses, distributions and business perks.
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03
Options
Statutory maintenance, contractual alimony and property trade-offs compared.
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04
Security
Life insurance, escrow or other terms so that payments keep arriving.
The law, in general terms
Texas, in general terms
Texas limits court-ordered spousal maintenance in both amount and duration, and eligibility depends on factors such as the length of the marriage and whether the spouse asking can meet their minimum reasonable needs. Contractual alimony agreed between spouses is not subject to the same limits.
Rules differ by state
Many states give judges much wider discretion over alimony, and some use formulas or guidelines. A figure that seems normal elsewhere may not be available from a Texas court, and the reverse can also be true.
General information, not legal advice. Your facts, and the law that applies to them, are what the consultation is for.
Example costs § 3
What it can cost, in examples.
Ranges from recent matters, not quotes. Outside experts bill separately. After the consultation you receive a written estimate for your case.
All fees and retainersOften asked
Will I have to pay alimony for life?
Court-ordered maintenance in Texas has time limits tied to the length of the marriage, and it can end on events such as remarriage. Contractual alimony lasts as long as the agreement says, which is why its terms deserve close attention.
Is support taxable?
Under current federal rules, alimony in divorces finalized after 2018 is generally not deductible for the payer or taxable to the recipient. Your tax adviser should confirm how that applies to you.
Talk to us about spousal support
Names first for the conflict check, then a 90-minute strategy consultation with the attorney who leads this work. No details through the form, please.
Or call the office
(214) 555-0163We never leave a detailed voicemail unless you tell us it is safe.