Dallas Alimony & Spousal Maintenance Attorney
Texas is one of the least generous states for court-ordered post-divorce support. Spousal maintenance under Chapter 8 of the Texas Family Code is capped by statute (§8.055) at the lesser of $5,000/month or 20% of the obligor's average gross monthly income, and eligibility requires meeting narrow criteria under §8.051. Contractual alimony — negotiated in the divorce decree — is separately enforceable as a contract and has no statutory cap. Garcia-Windsor, P.C. negotiates both in Dallas County divorces.
Statutory Spousal Maintenance in Texas — Chapter 8
Texas court-ordered spousal maintenance is defined at §8.051 and is available only when: (a) the spouse seeking maintenance lacks sufficient property (including community property awarded) to provide for their reasonable minimum needs, AND (b) one of four qualifying conditions is met — (i) the marriage lasted at least 10 years, (ii) the other spouse was convicted of family violence within two years before filing, (iii) the seeking spouse has an incapacitating physical or mental disability, or (iv) the seeking spouse is the custodian of a child with a physical or mental disability.
Even when eligibility is established, maintenance is capped: monthly amount cannot exceed the LESSER of $5,000 or 20% of the obligor's average gross monthly income (§8.055). Duration is capped by §8.054 — typically 5 years for a 10-20 year marriage, 7 years for a 20-30 year marriage, and 10 years for a marriage of 30+ years.
Section 8.052 lists factors the court considers in setting amount and duration: each spouse's financial resources, education/employment skills, duration of the marriage, age/health/employment history of the seeking spouse, contribution to the other spouse's education, marital misconduct, and history of family violence.
Contractual Alimony vs. Statutory Maintenance
Contractual alimony is negotiated between the parties and included in the divorce decree. Unlike Chapter 8 maintenance, it has no statutory cap, no eligibility criteria, and its amount and duration are governed by the parties' agreement.
The catch: contractual alimony is enforceable as a contract, not as a court order. Missed payments become a breach-of-contract claim with 6% post-judgment interest — not a contempt matter. This is important for both sides.
Tax treatment: since the 2017 Tax Cuts and Jobs Act, alimony paid under divorce agreements executed after Dec. 31, 2018 is NOT deductible by the payor and NOT taxable to the recipient. Pre-2019 agreements grandfather the old rules unless modified.
Our Bilingual Approach at Garcia-Windsor, P.C.
At Garcia-Windsor, P.C., every spousal maintenance case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).
We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.
We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
How Duration and Amount Are Set
Duration under §8.054: (a) up to 5 years if the marriage lasted less than 20 years, or if the family-violence or disability grounds apply; (b) up to 7 years for marriages of 20-30 years; (c) up to 10 years for marriages of 30+ years. The court is directed to award maintenance for the SHORTEST duration reasonable to allow the recipient to become self-supporting.
Amount analysis focuses on the recipient's "reasonable minimum needs" — not the marital standard of living. Texas courts do not attempt to maintain a lifestyle. This is a key difference from many other states.
Termination under §8.056: maintenance ends automatically on death of either party, remarriage of the recipient, or a court order after a finding the recipient cohabitates with a romantic partner in a permanent place of abode.
Modification and Enforcement
Chapter 8 maintenance is modifiable under §8.057 on a material and substantial change in circumstances of either party. Contractual alimony, by contrast, is generally not modifiable unless the decree preserves modification rights — draft carefully.
Enforcement of Chapter 8 maintenance uses contempt (§8.059) — the obligor can be jailed for up to 180 days for willful failure to pay. Enforcement of contractual alimony is by contract remedies — a money judgment, wage assignment (§8.101), and interest.
Interstate enforcement follows UIFSA (Chapter 159) for both statutory maintenance and — in most jurisdictions — contractual alimony that has been reduced to a court order in a decree.
When to Call an Alimony Attorney
Call before you sign a Rule 11 letter agreement, a mediated settlement, or a decree. Trading maintenance duration for property division is one of the most-common — and most-consequential — negotiations in a Texas divorce, and cannot be undone once signed.
Call before you assume you're not eligible for maintenance. Chapter 8 criteria are narrower than most people expect, but there are meaningful gray areas — and even ineligibility for statutory maintenance leaves room to negotiate contractual alimony.
Free bilingual consultations. Call 214-466-6699.
Frequently Asked Questions
Does Texas award alimony?
Texas awards two kinds of post-divorce support: (1) statutory spousal maintenance under Chapter 8, subject to narrow eligibility and strict caps; and (2) contractual alimony, negotiated in the divorce decree, without a statutory cap.
How is the maintenance amount capped?
Under §8.055, monthly maintenance cannot exceed the lesser of $5,000 or 20% of the obligor's average gross monthly income.
How long can I receive maintenance?
Under §8.054: up to 5 years for marriages under 20 years (or on family-violence/disability grounds); 7 years for 20-30 year marriages; 10 years for 30+ year marriages. Court awards the shortest reasonable duration.
Do I qualify for spousal maintenance?
Only if (a) you lack sufficient property to meet reasonable minimum needs AND (b) one of four §8.051 conditions applies — 10+ year marriage, family-violence conviction within 2 years, incapacitating disability, or custodial care of a disabled child.
Is alimony deductible for taxes?
No, not for agreements executed after Dec. 31, 2018 (TCJA). Pre-2019 agreements grandfather the old deductibility rules unless modified.
Can we agree to contractual alimony instead?
Yes. Contractual alimony is a negotiated provision in the decree, enforceable as a contract. It has no statutory cap and can be structured flexibly — but is enforced through contract remedies, not contempt.
Does living with a new partner terminate maintenance?
Under §8.056(b), statutory maintenance terminates if the recipient cohabitates with a person in a dating or romantic relationship in a permanent place of abode. Contractual alimony depends on the decree's terms.
Can maintenance be modified later?
Statutory Chapter 8 maintenance is modifiable under §8.057 on material and substantial change. Contractual alimony is generally not modifiable unless the decree preserves the right — drafting matters.
Ready to discuss your alimony case?
Call our Dallas office at 214-466-6699 or request a free consultation online.