How Long Does Spousal Maintenance Last in Texas?
Last reviewed: March 2026
Texas uses statutory formula to determine spousal maintenance duration. <10yr: generally no maintenance (unless family violence); 10-20yr: 5yr max; 20-30yr: 7yr max; 30+yr: 10yr max. Capped at $5,000/mo or 20% of gross income. (Source: Tex. Fam. Code s.8.054)
How Texas determines spousal maintenance duration
Texas is a community property state. Texas refers to spousal support as “spousal maintenance”. Texas has a statutory formula that determines the maximum duration of spousal maintenance based on the length of the marriage.
Source: Tex. Fam. Code s.8.054
Max $5,000/mo or 20% of gross income, whichever is less. Duration capped at 5, 7, or 10 years. Marriages under 10 years generally don't qualify.
Estimated spousal maintenance duration by marriage length
The table below shows estimated maximum spousal maintenance duration for different marriage lengths in Texas.
| Marriage length | Est. max spousal maintenance duration |
|---|---|
| 5 years | Not available |
| 10 years | 5 years |
| 15 years | 5 years |
| 20 years | 7 years |
| 25 years | 7 years |
When does spousal maintenance end in Texas?
Spousal Maintenance in Texas typically ends when:
- The court-ordered term expires
- The recipient spouse remarries
- Either party dies
- A court modifies or terminates the order due to a significant change in circumstances
In some cases, cohabitation with a new partner may also be grounds for modification or termination of spousal maintenance in Texas.
Is spousal maintenance taxable in Texas?
For divorce agreements finalized after December 31, 2018, spousal maintenance is not deductible by the payer and not taxable to the recipient under federal tax law (Tax Cuts and Jobs Act). This applies in Texas and all other states.
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