Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 8. MAINTENANCE
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Tex. Fam. Code § 8.001 (2026)

Definitions

✓ current as of May 2026
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Sec. 8.001. DEFINITIONS. In this chapter:

(1) "Maintenance" means an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.

(2) "Notice of application for a writ of withholding" means the document delivered to an obligor and filed with the court as required by this chapter for the nonjudicial determination of arrears and initiation of withholding for spousal maintenance.

(3) "Obligee" means a person entitled to receive payments under the terms of an order for spousal maintenance.

(4) "Obligor" means a person required to make periodic payments under the terms of an order for spousal maintenance.

(5) "Writ of withholding" means the document issued by the clerk of a court and delivered to an employer, directing that earnings be withheld for payment of spousal maintenance as provided by this chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

SUBCHAPTER B. SPOUSAL MAINTENANCE


Notes of Decisions
Cited in 48 cases (19 in the last 5 years), 1997–2025 · leading case: Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018).
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Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018). · cites it 3× “" See TEX. FAM. CODE § 8.001(1) (defining maintenance as "an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.”
Espeche v. Ritzell, 123 S.W.3d 657 (Tex. App. 2003). · cites it 2× “" Tex. Fam.Code § 8.001(1). Ritzell's maintenance of Espeche's medical and dental insurance and his promise to pay half of his income tax refund to her fall within the definition of spousal support.”
Howe v. Howe, 551 S.W.3d 236 (Tex. App. 2018). “" TEX.FAM.CODE ANN. § 8.001(1). The purpose of spousal maintenance is to provide temporary and rehabilitative support for a spouse whose ability to support himself or herself has eroded over time while engaged in homemaking activities and whose capital assets are insufficient to…”
in the Matter of the Marriage of Kelly Marie Day & Timothy Richard Day, 497 S.W.3d 87 (Tex. App. 2016). “See Tex. Fam. Code § 8.001(1) (defining maintenance as award of periodic payments from spouse’s future income); see also Sharma v.”
In Re Green, 221 S.W.3d 645 (Tex. 2007). “” Tex. Fam. Code § 8.001(1). However, a spouse can only be ordered to pay maintenance if (1) the spouse has committed a recent act of family violence, or (2) the marriage lasted at least ten years and the receiving spouse cannot support himself or herself due to disability, is…”
Cardwell v. Sicola-Cardwell, 978 S.W.2d 722 (Tex. App. 1998). “See Tex. Fam.Code Ann. § 8.001 (West Supp.1998).”
Stone v. Stone, 119 S.W.3d 866 (Tex. App. 2003). “See TEX. FAMILY CODE ANN. §§ 8.001, 8.051, 8.”
Heller v. Heller, 359 S.W.3d 902 (Tex. App. 2012). “” Tex. Fam.Code Ann. § 8.001(1) (West 2006).”
Kessel v. Kessel (In Re Kessel), 261 B.R. 902 (Bankr. E.D. Tex. 2001). “See Tex. Fam.Code Ann. § 8.001 et. seq. (West Supp.”
Crenshaw v. Crenshaw, 957 S.W.2d 171 (Tex. App. 1997). “Laws 3543 , 3580 (amended 1997) (current version of spousal-support provision at Tex. Fam.Code Ann. § 8.001 et seq (Vernon Supp.”
Randall Oneal Mathis v. Fredericka Antoinette Mathis (Tex. App. 2018). · cites it 3× “TEX. FAM. CODE ANN. § 8.001(1). Spousal maintenance is not property.”
Bart Dalton v. Carol Dalton (Tex. 2018). · cites it 3× “” See TEX. FAM. CODE § 8.001(1) (defining maintenance as “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.”
Show all 48 citing cases →
— Tex. Fam. Code § 8.001(1) — 26 cases
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018). “" See TEX. FAM. CODE § 8.001(1) (defining maintenance as "an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.”
Espeche v. Ritzell, 123 S.W.3d 657 (Tex. App. 2003). “" Tex. Fam.Code § 8.001(1). Ritzell's maintenance of Espeche's medical and dental insurance and his promise to pay half of his income tax refund to her fall within the definition of spousal support.”
Howe v. Howe, 551 S.W.3d 236 (Tex. App. 2018). “" TEX.FAM.CODE ANN. § 8.001(1). The purpose of spousal maintenance is to provide temporary and rehabilitative support for a spouse whose ability to support himself or herself has eroded over time while engaged in homemaking activities and whose capital assets are insufficient to…”
in the Matter of the Marriage of Kelly Marie Day & Timothy Richard Day, 497 S.W.3d 87 (Tex. App. 2016). “See Tex. Fam. Code § 8.001(1) (defining maintenance as award of periodic payments from spouse’s future income); see also Sharma v.”
In Re Green, 221 S.W.3d 645 (Tex. 2007). “” Tex. Fam. Code § 8.001(1). However, a spouse can only be ordered to pay maintenance if (1) the spouse has committed a recent act of family violence, or (2) the marriage lasted at least ten years and the receiving spouse cannot support himself or herself due to disability, is…”
— Tex. Fam. Code § 8.001(5) — 2 cases
Bart Dalton v. Carol Dalton, 551 S.W.3d 126 (Tex. 2018). “" See TEX. FAM. CODE § 8.001(1) (defining maintenance as "an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.”
Bart Dalton v. Carol Dalton (Tex. 2018). “” See TEX. FAM. CODE § 8.001(1) (defining maintenance as “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.”
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