Can You Get Spousal Maintenance After a Shorter Marriage? Texas Legal Insights for the 2025 Divorce

Many will be surprised to learn just how strict Texas laws are when it comes to the topic of spousal maintenance. While some states are a bit more generous at awarding financial support after a divorce, Texas doesn’t hand it out automatically––and it’s especially demanding if your marriage was short.

So, what happens if your marriage lasts only a few years–or less? Is there any chance at all that the courts will approve spousal maintenance?

What is Considered a “Short Marriage” in Texas

Typically, anything under the 10 years category is considered “short-term” regarding Texas marriage, and 5 years or less is especially regarded as short-term. But it’s that 10-year mark that matters a lot because it’s one of the key indicators and thresholds that gives a spouse the ability to request spousal maintenance under the Texas Family Code. That all being said, if you have been married for 10 years, it is not, as previously mentioned, an automatic thing or a guarantee for receiving maintenance or how much you will get, but it does open the door to eligibility. If you were a couple married for less than a decade, it’s still possible to get spousal maintenance, but the road there may be narrower and bumpier.

When Can Someone Qualify for Spousal Maintenance After a Short Marriage?

Texas courts only award spousal maintenance under very specific circumstances, especially for marriages lasting under a decade. If you’re in this category, here are the main situations where spousal maintenance might still be available:

1. Domestic Violence Was a Factor.
2. If the spouse requesting maintenance (or their child) was the victim of family violence committed by the other spouse, they may qualify –– regardless of the marriage’s duration. The abuse must have transpired either prior to the divorce or while it was pending. Courts will frequently recognize that the DV survivor needs time and financial support to rebuild stability, especially if the violence created employment barriers or independence issues.
3. The Requesting Spouse has a Disability: A short marriage doesn’t necessarily block you from receiving spousal maintenance if you can show that you are physically or mentally unable to support yourself. A documented disability that affects a person’s ability to work can justify an award of support, even when a marriage is brief.
4. The Spouse Cares for a Child with Special Needs: If one spouse is the full-time caregiver or custodial parent for a child from the marriage and the child requires substantial supervision, assistance, and care due to a physical or mental disability, the court may deem the spousal maintenance warranted. The judge would need to see that the caregiver can’t earn enough income due to their parental responsibilities in order to award such spousal maintenance.

So, while most short-term marriages won’t qualify, there are exceptions. Each case relies on its specific details for the final determination and how well those facts are conveyed in court.

What if the Spouses Agree on Maintenance?

There’s also something called contractual spousal maintenance–– and it works differently. It’s not something ordered by the judge, but instead, it is a private agreement between the two divorcing parties. They can decide for themselves how much will be paid, how often, and for what length of time,

Courts often support such agreements as long as both parties enter willingly, and the terms are reasonable. Even if you do not qualify for court-ordered spousal maintenance, you and your spouse can come up with a mutually agreeable support arrangement as part of your divorce settlement.

It’s essential to know that courts can enforce these contracts, but they do not carry the same weight as court-ordered maintenance. If one spouse fails to pay contractual maintenance, it’s treated like a breach of contract, not a contempt of court.

How much Maintenance Can Be Awarded?

Short or long, Texas sets a serious cap on spousal maintenance. The law, TX Family Code §8.055, limits payments to the lesser of:

$5,000 per month, or

20% of the paying spouse’s average gross monthly income

So even if your ex earns a serious amount of income, the court will not require anything beyond five grand per month. And in most cases, the number will be substantially lower––particularly after a short marriage.

The judge also looks at other details, including but not limited to the following:

Both spouses’ financial resources

Education and employment records

Age and health

Contributions during the marriage (like staying at home with the kids)

Acts of misconduct, including infidelity or wasting the marital assets

The court’s focus is going to always remain on what is needed for the spouse who is requesting or in need of support to meet their basic and reasonable needs––not to live up to a luxurious lifestyle.

How Long Does Spousal Maintenance Last For Short Marriages?

Unions that were short come unsurprisingly with shorter support windows. Texas law limits the duration of spousal maintenance based on how long the marriage lasted––unless special exceptions apply.

Here’s the general breakdown concerning the length of maintenance:

1. Less than 10 years: Only awarded in cases involving abuse, disability, or special circumstances
2. 10-20 years: Up to 5 years
3. 20-30 years: Up to 7 years
4. 30+ years: Up to 10 years

The idea behind these limits is that spousal maintenance is supposed to be a temporary aid. It is meant to give someone time to get back on their feet–not a lifelong arrangement. Courts may shorten the duration of the requesting spouses’ circumstances, and they may become self-supporting sooner than expected. On the flip side, support could also end if the recipient remarries or begins living with a new romantic partner.

Can You Modify Spousal Maintenance?

Yes, under some conditions, a modification can be granted. If there’s a substantial change in circumstances––for instance, job loss, illness, or retirement, then the court might consider a review and possible reduction or termination of the spousal maintenance order.

However, modifying is much more difficult if the support is part of a contractual agreement between the two parties (and not ordered by the court). An agreement would need to be entered by both former spouses or a compelling legal reason to break the contract.

Why Should You Speak with an Attorney?

Spousal maintenance laws in Texas are strict and very reliant on facts. If your marriage is short, you will absolutely need strong legal reasoning to sway the court that your support is appropriate. The burden of proof is high, especially when a spouse is asking for help despite a brief union.

Having an experienced attorney on your side can make a real difference in the matter and in your life. At Boudreaux Hunter & Associates, LLC, we understand how Texas courts approach spousal maintenance, particularly for the short narrative. We’re here to protect your interests and fight for a fair outcome based on your unique situation. Give us a call today at 713-333-4430 to schedule a confidential consultation. Our offices are located at 3555 Timmons Lane, Suite 1510, Houston, TX 77027.

Shannon Boudreaux

Shannon L. Boudreaux is a passionate advocate for her clients, working on their behalf to help them reshape their lives, their families, and their futures. For two decades, she has helped reunite parents with their children and helped clients negotiate contentious custody disputes. Learn more here.