Spousal Support
Spousal Support
Temporary support, statutory maintenance eligibility, factors, amount and duration caps, modification, termination, enforcement, and contractual alimony contrast.
Structured Visual
Jurisdiction: US; as of 2026-08-28; not legal advice; Render structure, refuse interpretation, cite, abstain, and hand off.
RENDER STRUCTURE · REFUSE INTERPRETATION · CITE · ABSTAIN · HAND-OFF: render structure, refuse interpretation, cite provenance, abstain when unsupported, and hand off to human review.
Scope and honesty note
Jurisdiction: Texas-centered comparative family-law classroom model as of 2026-08-29; governing statutes, procedure, facts, remedies, and other states vary. Synthetic records are classroom inputs, not legal advice. The model cannot form a relationship, establish marriage or parentage, divide property, decide custody, calculate a binding award, determine maintenance eligibility, change a name, assess safety, or predict a family-case outcome. Cite, expose uncertainty, abstain, and hand off.
See the essential structure first
Start with this deliberately incomplete structure, then use the pinned authorities, worked application, exceptions, and handoff below. This deliberately incomplete preview has 4 nodes; exceptions and legal consequences remain in the sourced prose below.
Jurisdiction: US; as of 2026-08-28; not legal advice; Render structure, refuse interpretation, cite, abstain, and hand off.
RENDER STRUCTURE · REFUSE INTERPRETATION · CITE · ABSTAIN · HAND-OFF: render structure, refuse interpretation, cite provenance, abstain when unsupported, and hand off to human review.
Begin with family-law doctrine
Texas statutory spousal maintenance is not synonymous with contractual alimony. Statutory maintenance requires the threshold and one of the pathways in section Eight Point Zero-Five-One before the court considers section Eight Point Zero-Five-Two factors. Section Eight Point Zero-Five-Four generally imposes five-, seven-, or ten-year maximum branches by eligibility and marriage length, also requiring the shortest reasonable period, with specified disability and caregiving continuation. Section Eight Point Zero-Five-Five caps monthly maintenance at the lesser of five thousand dollars or twenty percent of average monthly gross income. A negotiated contractual obligation follows its agreement and enforcement law separately.
Maintenance eligibility
The statute pins insufficient-property threshold and the alternative family-violence, disability, long-marriage, and disabled-child pathways. Verbatim source text: “Tex. Family Code Sec. 8.051. ELIGIBILITY FOR MAINTENANCE. In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and: (1) the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence, as defined by Section 71.004, committed during the marriage against the other spouse or the other spouse's child and the offense occurred: (A) within two years before the date on which a suit for dissolution of the marriage is filed; or (B) while the suit is pending; or (2) the spouse seeking maintenance: (A) is unable to earn sufficient income to provide for the spouse's minimum reasonable needs because of an incapacitating physical or mental disability; (B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or (C) is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse's minimum reasonable needs.” Source: Tex. Family Code § 8.051; https://www.neochart.com/catalog/texas/family/chapter_8/section_8_051/tex_fa_8_051_7f75fb99973d/tex_family_code_sec_8_051_eligibility_for_maintenance_in_a_s_0001/index.html; data via neochart.com, snapshot 2026-08.
Maintenance factors
The statute pins factors considered only after eligibility is determined. Verbatim source text: “Tex. Family Code Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including: (1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage; (2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training; (3) the duration of the marriage; (4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance; (5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable; (6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common; (7) the contribution by one spouse to the education, training, or increased earning power of the other spouse; (8) the property brought to the marriage by either spouse; (9) the contribution of a spouse as homemaker; (10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and (11) any history or pattern of family violence, as defined by Section 71.004.” Source: Tex. Family Code § 8.052; https://www.neochart.com/catalog/texas/family/chapter_8/section_8_052/tex_fa_8_052_9fbe57c5de62/tex_family_code_sec_8_052_factors_in_determining_maintenance_0001/index.html; data via neochart.com, snapshot 2026-08.
Duration limits
The statute pins five-, seven-, and ten-year maximum branches, shortest-reasonable-period rule, and disability or caregiving continuation. Verbatim source text: “Tex. Family Code Sec. 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as provided by Subsection (b), a court: (1) may not order maintenance that remains in effect for more than: (A) five years after the date of the order, if: (i) the spouses were married to each other for less than 10 years and the eligibility of the spouse for whom maintenance is ordered is established under Section 8.051(1); or (ii) the spouses were married to each other for at least 10 years but not more than 20 years; (B) seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or (C) 10 years after the date of the order, if the spouses were married to each other for 30 years or more; and (2) shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income to provide for the spouse's minimum reasonable needs, unless the ability of the spouse to provide for the spouse's minimum reasonable needs is substantially or totally diminished because of: (A) physical or mental disability of the spouse seeking maintenance; (B) duties as the custodian of an infant or young child of the marriage; or (C) another compelling impediment to earning sufficient income to provide for the spouse's minimum reasonable needs. (b) The court may order maintenance for a spouse to whom Section 8.051(2)(A) or (C) applies for as long as the spouse continues to satisfy the eligibility criteria prescribed by the applicable provision. (c) On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b). (d) The continuation of maintenance ordered under Subsection (b) is subject to the procedural requirements for a motion to modify as provided by Section 8.057.” Source: Tex. Family Code § 8.054; https://www.neochart.com/catalog/texas/family/chapter_8/section_8_054/tex_fa_8_054_41486368b12b/tex_family_code_sec_8_054_duration_of_maintenance_order_0001/index.html; data via neochart.com, snapshot 2026-08.
Amount cap
The statute pins the lesser-of five thousand dollars or twenty percent of average monthly gross income cap and gross-income definition. Verbatim source text: “Tex. Family Code Sec. 8.055. AMOUNT OF MAINTENANCE. (a) A court may not order maintenance that requires an obligor to pay monthly more than the lesser of: (1) $5,000; or (2) 20 percent of the spouse's average monthly gross income. (a-1) For purposes of this chapter, gross income: (1) includes: (A) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses); (B) interest, dividends, and royalty income; (C) self-employment income; (D) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and (E) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and (2) does not include: (A) return of principal or capital; (B) accounts receivable; (C) benefits paid in accordance with federal public assistance programs; (D) benefits paid in accordance with the Temporary Assistance for Needy Families program; (E) payments for foster care of a child; (F) Department of Veterans Affairs service-connected disability compensation; (G) supplemental security income (SSI), social security benefits, and disability benefits; or (H) workers' compensation benefits. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.” Source: Tex. Family Code § 8.055; https://www.neochart.com/catalog/texas/family/chapter_8/section_8_055/tex_fa_8_055_ada6ef9aebc3/tex_family_code_sec_8_055_amount_of_maintenance_0001/index.html; data via neochart.com, snapshot 2026-08.
Pin the synthetic family record
A synthetic maintenance packet records property available for needs, each eligibility pathway, diligent efforts, statutory factors, average gross-income categories, cap arithmetic, duration branch, shortest-reasonable-period evidence, proposed order, contractual payment clause, modification, termination, withholding, arrears, enforcement, and review.
Work the family-law application
The model first tests insufficient property and one statutory eligibility path; it does not use favorable factors to create eligibility. If eligible, it records every factor and separately applies amount and duration ceilings. A thirty-two-year marriage enters the ten-year maximum branch but still requires the shortest reasonable period unless a statutory continuation applies. The settlement payment is labeled contractual and is not converted into Chapter Eight maintenance.
Read the populated family record
The support record contains spouse, marriage duration, property, minimum needs, eligibility pathway, violence record, disability, child caregiving, diligent effort, factor, education, employment, contribution, misconduct, gross income item, exclusion, amount cap, duration branch, shortest period, continuation, order, contract, modification, termination, payment, arrears, enforcement, and reviewer. The artifact contains 17 populated rows.
Jurisdiction: US; as of 2026-08-28; not legal advice; Render structure, refuse interpretation, cite, abstain, and hand off.
RENDER STRUCTURE · REFUSE INTERPRETATION · CITE · ABSTAIN · HAND-OFF: render structure, refuse interpretation, cite provenance, abstain when unsupported, and hand off to human review.
Read the complete record
The complete record keeps sources, stated facts, and questions for review separate. Pinned authorities: Verbatim Texas Family Code snapshot text. Tex. Family Code § 8.051: Maintenance eligibility: The statute pins insufficient-property threshold and the alternative family-violence, disability, long-marriage, and disabled-child pathways.. Tex. Family Code § 8.052: Maintenance factors: The statute pins factors considered only after eligibility is determined.. Tex. Family Code § 8.054: Duration limits: The statute pins five-, seven-, and ten-year maximum branches, shortest-reasonable-period rule, and disability or caregiving continuation.. Tex. Family Code § 8.055: Amount cap: The statute pins the lesser-of five thousand dollars or twenty percent of average monthly gross income cap and gross-income definition.. Synthetic family record: Classroom facts, not legal conclusions. Spouses: Marriage length, dissolution date, property award, minimum reasonable needs, education, employment, health, caregiving, family-violence record, and diligent-effort evidence. Income: Average monthly gross income, statutory included and excluded categories, proposed amount, tax and withholding fields. Agreement: Parties also negotiate contractual payments in settlement with separate terms, remedies, modification, security, and termination. Family-law trace: Elements, factors, calculation, process, limits, review. Classify support: Temporary support during case, statutory post-divorce maintenance, contractual alimony or settlement obligation, child support and property division are separate. Eligibility gate: Insufficient property for minimum reasonable needs plus at least one statutory pathway; no factor balancing before eligibility. Factors: Contribution, education and employment skills, duration, age, earning ability, health, property, dissipation, homemaker contribution, misconduct and family violence as statute provides. Duration: Five years for statutory branches described in section Eight Point Zero-Five-Four A-one-A, seven for twenty-to-thirty-year marriage, ten for thirty-plus; shortest reasonable period; subsection B continuation. Amount: Lesser of five thousand dollars or twenty percent of average monthly gross income, subject to definitions and actual order. Lifecycle: Findings, order, payment, withholding, modification, material change, termination, death or remarriage rule, arrears, enforcement and contract remedies.
Narrow summary
Classify statutory maintenance separately from contractual alimony, establish eligibility before factors, and apply the pinned amount and duration caps without predicting an award.