Can I Get Alimony and Child Support in Texas?

 Posted on August 08, 2026 in Spousal Support

You can receive both alimony, known as spousal maintenance in Texas, and child support at the same time if you qualify for each under Texas law. These are two separate types of financial support that address different needs. Qualifying for one doesn't disqualify you from the other.

If you're going through a divorce in 2026 and have questions about what support you may be entitled to, our San Antonio, TX spousal maintenance lawyers can help you understand your options.

What Is the Difference Between Spousal Maintenance and Child Support in Texas?

Spousal maintenance is financial support paid from one spouse to the other after a divorce. It’s meant to help a lower-earning spouse meet their basic needs for a period of time. Child support, on the other hand, is meant to cover the financial needs of a child. It covers things like housing, food, education, and medical care.

Because these two types of support serve different purposes, Texas courts calculate and award them separately, even in the same divorce case. This means a request for spousal maintenance doesn't reduce or interfere with a child support award, and vice versa.

Who Qualifies for Spousal Maintenance in Texas?

Under Texas Family Code Section 8.051, a spouse generally must meet specific qualifying conditions to receive spousal maintenance. These conditions may include being married for at least 10 years and lacking sufficient property or income to meet their reasonable needs after the divorce.

Other qualifying situations include cases involving family violence during the marriage, or when a spouse is unable to earn sufficient income due to a disability or the responsibility of caring for a disabled child.

How Is Child Support Calculated in Texas?

Texas child support calculations are based on a formula outlined in the Texas Family Code Sec. 154.125. It considers the paying parent's net income and the number of children involved. Under this formula, a parent paying support for one child typically pays 20 percent of their net monthly income, with the percentage increasing for additional children.

This guideline calculation provides a starting point, though courts can adjust the amount based on specific circumstances, such as a child's special needs or significant differences in parental income.

How Long Does Spousal Maintenance Last in Texas?

The length of spousal maintenance in Texas depends largely on how long the marriage lasted. Generally, longer marriages can result in longer maintenance periods. However, Texas law places caps on how long maintenance can continue, regardless of the marriage length, except in certain cases involving disability.

What Factors Do Courts Consider When Awarding Spousal Maintenance?

Once a spouse qualifies for spousal maintenance, the court considers several additional factors to determine the amount and duration of payments. Common factors include:

• The financial resources of each spouse after the divorce is finalized
• The education and employment skills of the spouse requesting maintenance
• The duration of the marriage
• Any history of family violence during the marriage
• The age and health of the spouse requesting support

These factors help the court tailor the maintenance award to the specific circumstances of the marriage, rather than applying a rigid formula.

Can You Receive Both Types of Support if You're the Higher Earning Spouse?

In general, spousal maintenance is designed to support the lower-earning spouse. Therefore, the higher-earning spouse in a marriage typically wouldn't qualify to receive maintenance.

However, child support obligations are based on custody arrangements and income. That means either parent could be required to pay or could be entitled to receive child support, depending on the specific custody and income details of the case.

What Should You Do if You're Seeking Alimony or Child Support?

If you’re seeking any type of support during a divorce, start by gathering documentation of your income, expenses, and financial needs. Review how long you've been married to determine spousal maintenance eligibility. And consult with an attorney early in the divorce process to understand your full range of options.

Taking these steps early can help you build a stronger case for the support you may need going forward.

Contact Our Bexar County, TX Family Law Attorneys Today

Our team has training in dispute resolution, allowing us to help clients reach fair outcomes for spousal maintenance and child support whenever possible. Regardless, we’re still prepared to advocate strongly in court when a resolution can't be reached through negotiation.

Contact Brandon Wong & Associates at 210-201-3832 to talk to our San Antonio spousal maintenance lawyers today.