In Texas, alimony is referred to as spousal support. This financial support system aims to address the economic imbalance between spouses after a divorce. While alimony isn’t a factor in every divorce, it can play a critical role in ensuring fairness and stability for the financially disadvantaged spouse.
When alimony becomes a point of contention in a divorce, it can lead to delays, complications, and increased costs. That’s why it’s essential to work with an experienced alimony lawyer in Fort Worth who can guide you through the process and protect your rights.

What Is Alimony and How Does It Work in Texas?

Alimony is designed to provide financial support to a spouse who lacks the resources to maintain their standard of living after a divorce. Courts consider multiple factors when determining whether to award alimony, including the duration of the marriage, each spouse’s earning potential, and their financial needs.

Key Points About Alimony in Texas:

No Presumption of Alimony: Texas courts do not automatically award alimony. The requesting spouse must prove they made good-faith efforts to achieve financial independence but were unable to do so.
Temporary Support: Alimony can be awarded during the divorce process to help the lower-earning spouse maintain their lifestyle.
Specific Qualifications: Not everyone qualifies for alimony. The requesting spouse must meet specific criteria outlined by Texas law.

Who Qualifies for Alimony in Texas?

To qualify for alimony in Texas, the requesting spouse must demonstrate that they cannot meet their basic financial needs after the divorce. Additionally, one of the following conditions must apply:

The couple was married for at least 10 years.
The requesting spouse is the primary caregiver for a child with a physical or mental disability that requires substantial care.
The requesting spouse has an incapacitating physical or mental disability that prevents them from working.
The paying spouse was convicted of family violence against the requesting spouse or their children within two years of filing for divorce.

Factors Texas Courts Consider When Awarding Alimony

When determining alimony, Texas courts evaluate a variety of factors to ensure fairness. These include:

Duration of the marriage
Each spouse’s age, health, and earning potential
The financial resources and separate property of each spouse
The education and employability of the requesting spouse
The time needed for the requesting spouse to gain financial independence
Any marital misconduct, such as adultery or hiding assets
Contributions to the marriage, including childcare and homemaking

How Is Alimony Calculated in Texas?

The amount of alimony, or spousal support, is determined by evaluating the financial circumstances of both spouses. Texas courts use the following guidelines to calculate a fair and reasonable amount:

Financial Need of the Requesting Spouse
- The court assesses the requesting spouse’s income, expenses, and ability to meet their basic needs after the divorce.
Ability to Pay of the Other Spouse
- The court evaluates the paying spouse’s income, assets, and financial obligations to determine what they can afford.
Statutory Limits on Alimony Amounts
- Texas law caps alimony at 20% of the paying spouse’s gross monthly income or $5,000 per month, whichever is lower.
Standard of Living During the Marriage
- The court considers the lifestyle established during the marriage to ensure the requesting spouse can maintain a reasonably similar standard of living.
Earning Potential and Employability
- The requesting spouse’s education, skills, and time needed to gain financial independence are factored into the calculation.
Health and Age
- Disabilities, health issues, or age-related limitations may justify a higher alimony amount.
Contributions to the Marriage
- Sacrifices like homemaking, childcare, or supporting the other spouse’s career can influence the amount awarded.
Marital Misconduct
- While Texas is a no-fault divorce state, misconduct (e.g., adultery, hiding assets) may affect the alimony amount.

Calculating alimony involves complex financial and legal considerations. An experienced alimony lawyer can help you present evidence, negotiate a fair amount, and protect your financial future.

How Long Does Alimony Last in Texas?

Alimony in Texas is typically awarded for a specific period, depending on the length of the marriage:

10–20 years of marriage: Up to 5 years of alimony
20–30 years of marriage: Up to 7 years of alimony
Over 30 years of marriage: Up to 10 years of alimony

In cases involving extenuating circumstances—such as caring for a disabled child—courts may extend the duration of alimony.

When Does Alimony End?

Alimony payments may terminate under the following circumstances:

The recipient remarries or begins cohabitating with a romantic partner.
Either the recipient or the paying spouse passes away.
The court modifies or terminates the alimony order.

Why You Need an Alimony Lawyer

Alimony cases can be complex and emotionally charged. Our experienced alimony lawyers in Fort Worth can help you:

Understand your rights and options under Texas law
Present a strong case to the court
Negotiate fair terms for spousal maintenance
Protect your financial future

At MBH Fort Worth | Family Law, our dedicated legal team has the expertise and commitment to advocate for your best interests. With more than 100 years of experience between us, and 4 of our attorneys being Board Certified in family law, we understand the challenges you’re facing and are here to help you achieve a favorable outcome.

Contact Us Today for a Consultation

Your financial stability and future are too important to leave to chance. If you have questions about alimony or need legal representation, don’t wait to reach out. Contact our alimony lawyers today to schedule a consultation and take the first step toward securing your financial rights.