Maintenance And Property
Fam. Code 8.055 — maintenance capped at $5,000 a month or 20 percent of income, whichever is less
A Texas divorce court divides the spouses' estate in a manner it deems just and right, having due regard for the rights of each party and any children. Property acquired while living in another state, or in exchange for property, is treated as it would have been had the spouse lived in Texas: divided if it would have been community property, and awarded to the spouse as separate property if it would have been separate.
Maintenance only in narrow cases. The court may order maintenance only if the spouse asking will lack enough property, separate property included, to meet minimum reasonable needs, and either the other spouse committed family violence against them or their child within two years before filing or while the case is pending, or the spouse asking:
- Cannot earn enough because of an incapacitating physical or mental disability.
- Was married 10 years or longer and lacks the ability to earn enough.
- Is caring for a child of the marriage whose disability requires substantial care and keeps the spouse from earning enough.
$5,000 or 20 percent. Monthly maintenance may not exceed the lesser of $5,000 or 20 percent of the paying spouse's average monthly gross income. Gross income counts wages, business, rental and investment income, but not public assistance, Social Security, SSI or disability benefits, service-connected VA disability or workers' compensation.
Sources for this section (4)
- Fam. Code 7.001 — General rule of property division
- Fam. Code 7.002 — Division and disposition of certain property under special circumstances
- Fam. Code 8.051 — Eligibility for maintenance
- Fam. Code 8.055 — Amount of maintenance
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.