Alimony Lawyer in Houston, TX
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In a Houston divorce, spousal maintenance is decided in the courtroom, and contested support cases are work our attorneys have handled for more than two decades. Many people reach the end of a marriage with the support question still open, unsure whether they will receive maintenance or be ordered to pay it.
A maintenance award, or the denial of one, can shape your finances for years after the divorce is final. Texas allows spousal maintenance only in narrow circumstances, and the rules are easy to misread without guidance. A misstep on eligibility or amount can cost you far more than the support itself.
At Horak Law, we handle Houston-area spousal maintenance the way we handle every contested family law matter, by building the evidence and arguing it in court, and we stay with you through a difficult stretch. Our attorneys focus on family law across Montgomery County and the Houston area from our home base in The Woodlands. Start with a confidential case review.
Why Houston Families Trust Horak Law for Alimony Cases
A contested alimony case is won or lost on the strength of the financial evidence and how clearly it reaches the court. Our attorneys build that record from the first meeting, tracing income, property, and earning capacity so it holds up when the other side pushes back.
Trial Experience That Decides Contested Support Cases
When a maintenance dispute cannot settle, the outcome rests on the evidence and how it is argued in the courtroom. Matt Horak, our founder and managing partner, brings more than 23 years of trial experience and over 100 contested trials to that work, and he has been named a Texas Super Lawyer in 2025 and 2026. If the other side will not agree to fair terms, you have a firm prepared to take your case to trial.
Client Testimonials
“Mr. Horak and his team are truly exceptional and I’m very grateful for their expertise! I was embarking on a very tough divorce journey, and Matt and all the others at Horak law made the experience as smooth as possible with a positive outcome. His team is very responsive to messages and they were always willing to set up a meeting to discuss in more detail if I had questions or didn’t understand something. I would absolutely recommend Matt Horak and his team for a family law matter.” — Emily
“I could spend hours talking about how incredible Matt Horak and his team are. From my very first phone call with Matt, I knew I was in the best hands. He was on top of everything—and I mean everything—right down to filing notices with the court just to inform them of his brief vacation. We were up against an attorney who seemed inexperienced and unresponsive, leaving us hanging for months. Despite that, Matt never let up. He fought hard—submitting motions to compel, motions for sanctions, and doing whatever was needed to move things forward. He even checked in on me emotionally, telling me how well I handled mediation when I was overwhelmed. I will forever be grateful. My kids won today—and that’s because of Matt. Thank you, from the bottom of my heart.” — Brooke
Meet Our Alimony Lawyers in Houston, TX
What Is Spousal Maintenance in Texas?
In Texas, the support one spouse pays another after a divorce is called spousal maintenance, and it is governed by Chapter 8 of the Texas Family Code. Many people call it alimony, and the courts treat the two as the same idea. Whether it is called alimony or spousal support, our attorneys handle these cases for clients across the Houston area.
Court-ordered maintenance under Chapter 8 is not the same as contractual alimony, which spouses agree to as part of a Texas divorce settlement. A judge can order maintenance only when a spouse meets specific legal requirements, and Texas allows it in limited situations rather than as a routine part of every case. Support is never automatic. Whether you receive it or pay it depends on facts the court reviews one case at a time.
Who Qualifies for Spousal Maintenance in Houston?
Eligibility for spousal maintenance in Texas starts with a single threshold under Section 8.051. The spouse asking for support must show a real shortfall. After the divorce, even counting their own separate property, they will not have enough to meet their minimum reasonable needs. Clearing that threshold is only the first step. The spouse must also fall into one of the qualifying categories the law sets out.
A spouse may qualify for maintenance in one of these situations:
- Family violence by the other spouse, shown by a conviction or deferred adjudication for an act that occurred within two years before the divorce was filed or while the case is pending.
- A marriage that lasted 10 years or longer, where the spouse seeking support cannot earn enough to meet minimum reasonable needs.
- An incapacitating physical or mental disability that prevents the spouse from earning sufficient income.
- Care for a child of the marriage who, at any age, needs substantial supervision because of a physical or mental disability.
Meeting one of these categories clears the second requirement, but it does not guarantee an award. A judge still decides whether maintenance fits the full circumstances of the case, which is why two marriages of the same length can end very differently.
Marriage Length and the 10-Year Rule
The length of your marriage often decides eligibility. A marriage of 10 years or longer can open the door to maintenance when the spouse seeking it cannot earn enough to meet minimum reasonable needs. Shorter marriages qualify only in narrower situations, such as a recent family violence conviction.
Family Violence and Other Exceptions
A family violence conviction or deferred adjudication within two years before filing, or while the divorce is pending, can support a maintenance claim even in a shorter marriage. A disabling physical or mental condition, or the need to care for a child of the marriage with a disability, may also qualify a spouse who could not otherwise ask.
How Much Is Spousal Maintenance in Texas, and How Long Does It Last?
Texas caps spousal maintenance under Section 8.055. A court cannot order more than the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. For most families, the percentage sets the ceiling well below the flat $5,000 figure, which means the amount usually comes down to the paying spouse’s actual income.
What a Court Weighs to Set the Amount
Within that cap, the amount depends on factors the court weighs under Section 8.052. These include each spouse’s finances, education and employment skills, the length of the marriage, the age and health of each spouse, contributions made as a homemaker, and any marital misconduct. No formula produces the figure. The court sets it from the facts of your marriage.
How Long Payments Continue
Section 8.054 ties the length of maintenance to the length of the marriage:
- Up to 5 years for a marriage of 10 to 20 years, or for a shorter marriage where eligibility rests on family violence.
- Up to 7 years for a marriage of 20 to 30 years.
- Up to 10 years for a marriage of 30 years or more.
A court can extend support past these limits when a spouse cannot meet minimum reasonable needs because of a disability or the care of a young or disabled child. Within each range, a judge sets the shortest period that lets the supported spouse work toward self-sufficiency, so the timeline in one case rarely matches the next.
How Does Alimony Work in High-Asset Houston Divorces?
In a high-net-worth divorce in the Houston area, spousal maintenance and property division are closely linked. A larger community estate can change whether a spouse has enough separate property to meet minimum reasonable needs, which is where eligibility begins. Earning capacity and asset tracing matter more here because income can be spread across businesses, investments, and deferred compensation.
The amount of alimony in a high-net-worth Texas divorce often comes down to financial records one spouse would rather keep quiet. Our attorneys build that record by documenting where the money is and what each spouse can realistically earn, then arguing it in court when the value of the estate is disputed. Tax treatment can affect the after-tax value of a support award, and a certified public accountant can help you weigh that before you agree to any terms.
Can a Texas Spousal Maintenance Order Be Changed or Enforced?
A spousal maintenance order is not always the last word. Under Texas law, a court can change the amount or duration after a material and substantial change in either spouse’s circumstances, such as a lasting shift in income or health. Maintenance can also end on its own. Under Section 8.056, the duty to pay future maintenance ends when either party dies or when the supported spouse remarries, and a court can end it when that spouse lives with a new partner in a continuing romantic relationship. When a paying spouse simply stops, the other spouse can ask the court to enforce the order.
When the terms need to change, our alimony modification attorneys handle that process from filing through hearing.
Frequently Asked Questions About Alimony in Houston
Is Spousal Maintenance Taxable in Texas?
For orders finalized after 2018, spousal maintenance is not deductible by the paying spouse and is not counted as taxable income to the recipient under current federal rules. Texas has no state income tax, so no state tax applies either. A certified public accountant can address the details for your situation.
What Is the 1/3 Rule for Spousal Maintenance in Texas?
Texas does not use a one-third rule. The state cap is the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. Any one-third figure you may have seen comes from another state, not Texas law.
Does Adultery Affect Alimony in Texas?
Adultery can matter, but it does not by itself create a right to support. Marital misconduct is one of several factors a court may weigh when it sets the amount and duration of maintenance, alongside each spouse’s finances, health, and the length of the marriage.
Can a Prenuptial or Postnuptial Agreement Waive Alimony in Texas?
Yes. Spouses can agree to waive or set spousal support terms in a valid premarital or marital agreement. A court can review that agreement, so the terms must meet legal requirements to hold up. Couples often put an agreement in place before or during a marriage for exactly this reason.a
Can I Get Spousal Support While My Divorce Is Still Pending?
Yes. A court can order temporary spousal support during the divorce to help a spouse cover expenses before the case is final. Temporary support is separate from post-divorce maintenance and uses a different standard, so qualifying for one does not decide the other.
Protect Your Finances in a Houston Alimony Case With a Confidential Case Review
A spousal maintenance decision can shape your finances for years, whether you expect to receive support or to pay it. A confidential case review is where you find out where you stand and what your options are. We serve families across Montgomery County and the Houston area from our home base in The Woodlands, with offices in Houston and Tomball.
To talk through your situation, call 713-225-8000 or send a message through our contact form. Our attorneys focus on Texas family law and bring more than two decades of trial experience to contested support cases, and the plan we build is aimed at protecting your rights and your future.
Written By Matt Horak
Matt Horak is a Board Certified and experienced attorney with over 20 years of courtroom experience in South Texas, including more than 100 contested trials. A former Harris County prosecutor and 2025 Super Lawyer®, he represents clients in high-stakes family law disputes with a strategy grounded in compassion and preparation.
