How Does Spousal Maintenance Work in a High-Asset Texas Divorce?

 Posted on April 21, 2026 in Divorce

When one spouse earns much more than the other, spousal maintenance is often a key issue in a Texas divorce. If you are thinking about filing in 2026, talking to a Grapevine, TX divorce attorney early can help you understand what to expect, whether you will be paying or receiving support.

What Is Spousal Maintenance in a Texas Divorce?

Spousal maintenance is a court-ordered payment from one former spouse to the other after a divorce is final. Under Chapter 8 of the Texas Family Code, the main goal of spousal maintenance is to give the lower-earning spouse time to become self-supporting. It is not meant to be a permanent income source.

Even when one spouse receives a large property settlement, they may still qualify for maintenance if they still do not have enough property, including separate property, to meet their minimum reasonable needs.

Who Qualifies for Spousal Maintenance Under Texas Law?

Texas courts treat maintenance as the exception, not the rule. According to the CDC's National Center for Health Statistics, Texas recorded 2.1 divorces per 1,000 residents in 2023, meaning thousands of families across the state go through this process every year. Not all of them will involve a maintenance award. A spouse asking for maintenance must show they do not have enough property to cover their basic needs, even after the divorce settlement. From there, at least one of the following must also be true:

• The other spouse was convicted of family violence within two years of the divorce filing or while the case was pending.

• The spouse asking for support has a physical or mental disability that prevents them from working.

• The marriage lasted at least 10 years, and the requesting spouse tried to find work but still could not cover their basic needs.

• The requesting spouse cares full-time for a child with a disability.

In a high-asset divorce, the third condition comes up most often. A spouse who spent years out of the workforce raising children or supporting a partner's career may not be able to earn much, even after walking away with significant assets.

How Much Can Texas Courts Order in Spousal Maintenance Payments?

Texas limits spousal maintenance to $5,000 per month or 20 percent of the paying spouse's average gross monthly income, whichever is less. Courts cannot go above this limit, no matter how large the income gap between the two spouses.

That cap can cut both ways. For a spouse who earned a modest income during the marriage, $5,000 per month may be a real help. For one whose spouse earns several hundred thousand dollars a year, the cap may feel far too low. Knowing this limit before the case goes to court helps both sides set realistic goals.

How Long Spousal Maintenance Lasts in Texas Depends on the Length of the Marriage

Texas ties the length of maintenance to how long the marriage lasted:

• Marriages of 10 to 20 years: up to five years of maintenance

• Marriages of 20 to 30 years: up to seven years

• Marriages of 30 or more years: up to 10 years

Cases involving disability are different. A court can order maintenance for as long as the spouse remains eligible. In family violence cases, the time limit still depends on the length of the marriage rules in the statute. Maintenance also ends if the receiving spouse remarries or moves in with a new romantic partner on a lasting basis.

What Does a Texas Judge Look at When Setting Spousal Maintenance?

The court looks at each spouse's ability to earn income, education level, work history, age, and health. It also looks at what each spouse put into the marriage, including time spent raising children or running the household, as well as any history of domestic violence or hiding money. A spouse who receives a large share of marital assets may have a harder time showing they cannot cover their basic needs, even if their monthly income is low.

Schedule a Free Consultation with a Grapevine, TX Divorce Attorney

Spousal maintenance disputes can get complicated fast, especially when a lot of money is on the line. The Arlington, TX spousal maintenance lawyers at Powell Law Offices, P.C. bring over 50 years of combined experience to every case and have been recognized as Top 10 Family Lawyers in Texas every year since 2019. Our team is known for being approachable and genuinely invested in our clients, and tough when it counts in court. To schedule a free consultation, call Powell Law Offices, P.C. at 972-584-9382 today.