Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 8. MAINTENANCE
Texas Codes

Tex. Fam. Code § 8.052 (2026)

Factors In Determining Maintenance

✓ current as of May 2026
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Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

(1) each spouse's ability to provide for that spouse's minimum reasonable needs independently, considering that spouse's financial resources on dissolution of the marriage;

(2) the education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training;

(3) the duration of the marriage;

(4) the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;

(5) the effect on each spouse's ability to provide for that spouse's minimum reasonable needs while providing periodic child support payments or maintenance, if applicable;

(6) acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;

(7) the contribution by one spouse to the education, training, or increased earning power of the other spouse;

(8) the property brought to the marriage by either spouse;

(9) the contribution of a spouse as homemaker;

(10) marital misconduct, including adultery and cruel treatment, by either spouse during the marriage; and

(11) any history or pattern of family violence, as defined by Section 71.004.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.003 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 1, eff. September 1, 2011.

Notes of Decisions
Cited in 40 cases (16 in the last 5 years), 2002–2026 · leading case: Howe v. Howe, 551 S.W.3d 236 (Tex. App. 2018).
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Howe v. Howe, 551 S.W.3d 236 (Tex. App. 2018). “TEX.FAM.CODE ANN. § 8.052. Our problem with this record is the lack of any development of the Wife's minimal reasonable needs, which is a predicate before any of the matters under Section 8.”
Smith v. Smith, 115 S.W.3d 303 (Tex. App. 2003). · cites it 2× “Tex. Fam.Code Ann. § 8.052 (Vernon Supp. 2003).”
Roberts v. Roberts, 531 S.W.3d 224 (Tex. App. 2017). “Tex. Fam. Code Ann. § 8.052 ; K.T. v. M.T.”
Amos v. Amos, 79 S.W.3d 747 (Tex. App. 2002). “TEX. FAM. CODE ANN. § 8.055 (Vernon Supp.”
Sheshtawy v. Sheshtawy, 150 S.W.3d 772 (Tex. App. 2004). “” See Tex. Fam.Code Ann. § 8.052 (Vernon Supp.2004); Limbaugh, 71 S.”
William C. Slicker v. Phyllis A. Slicker, 464 S.W.3d 850 (Tex. App. 2015). “Tex Fam.Code Ann. § 8.052. These factors include the ability of the spouse seeking maintenance to provide for his or her own minimum reasonable needs independently, considering the spouse’s financial resources on dissolution of the marriage; the age, employment history, earning…”
Martin E. Roberts v. Margaret D. Roberts, 402 S.W.3d 833 (Tex. App. 2013). “” Tex. Fam.Code Ann. § 8.052(1). Because the trial court cannot make a proper maintenance determination without considering the financial resources of each spouse upon dissolution of the marriage, and we are remanding the cause for a just and right division of the marital estate…”
Kee v. Kee, 307 S.W.3d 812 (Tex. App. 2010). “See Tex. Fam.Code Ann. § 8.052. Moreover, spousal maintenance under chapter eight must be of limited duration and must terminate on remarriage.”
Novick, Stephanie Ann v. Shervin, Andrew A., 412 S.W.3d 825 (Tex. App. 2013). “Laws 3146 , 3146 (amended 2011) (current version at Tex. Fam.Code Ann. § 8.051 (West Supp.2012)).”
Maribel Hill v. Dwight L. Hill (Tex. App. 2025). · cites it 6× “36,41,42 Tex. Fam. Code § 8.052 (Vernon 2006) ....”
Taylor v. Taylor, 2025 UT App 94 (Utah Ct. App. 2025). · cites it 2× “” These facts lead naturally to the conclusion that Article I, Section B of the postnuptial agreement is not indefinite as to a schedule or due date for alimony payments, a procedure and schedule for how and when the determination of Mark’s income is to be updated, and when an…”
in the Matter of the Marriage of Yossef Elabd & Sonia Elabd & in the Interest of J.E., E.E. & S.E., Child. (Tex. App. 2019). · cites it 3× “See TEX. FAM. CODE ANN. § 8.052. In making this determination, the legislature charged the court to “determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors” and then provided a list of 11 non-exclusive factors to be considered.”
Show all 40 citing cases →
— Tex. Fam. Code § 8.052(1) — 1 case
Martin E. Roberts v. Margaret D. Roberts, 402 S.W.3d 833 (Tex. App. 2013). “” Tex. Fam.Code Ann. § 8.052(1). Because the trial court cannot make a proper maintenance determination without considering the financial resources of each spouse upon dissolution of the marriage, and we are remanding the cause for a just and right division of the marital estate…”
— Tex. Fam. Code § 8.052(4) — 1 case
Novick, Stephanie Ann v. Shervin, Andrew A., 412 S.W.3d 825 (Tex. App. 2013). “Laws 3146 , 3146 (amended 2011) (current version at Tex. Fam.Code Ann. § 8.051 (West Supp.2012)).”
— Tex. Fam. Code § 8.052(6) — 2 cases
Bart Debrock v. Marlies Debrock (Tex. App. 2022).
In the Interest of B.P. & S.P., Child. v. the State of Texas (Tex. App. 2023).
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