Texas alimony calculator: how courts set spousal maintenance

Last updated 2026-07-09

What is alimony called in Texas, and how is it different from other states?

Texas uses the term 'spousal maintenance,' not alimony. That's more than a word swap. It signals that Texas treats post-divorce support as a narrow exception instead of a default remedy, and the statutes back that up hard.

Most states start from the idea that a long marriage produces some entitlement to support. Texas starts from the opposite place: self-sufficiency is the baseline, and maintenance is a safety valve. Texas Family Code Section 8.051 requires courts to presume maintenance is not warranted, and the spouse asking for it carries the burden to rebut that presumption ^[1].

There's also a separate animal called 'contractual alimony.' That's an amount spouses agree to in a settlement, without a judge ordering it. Contractual alimony isn't bound by the statutory caps, can't be modified by a court later (only by agreement), and gets treated differently for taxes. If you and your spouse negotiate a lump sum or monthly support as part of your settlement, that's contractual alimony. Statutory spousal maintenance is what a judge can order over one party's objection.

For a broader look at how alimony works nationally, see our guide to alimony. For Texas, everything that matters sits in Chapter 8 of the Texas Family Code.

Who qualifies for spousal maintenance in Texas?

Qualifying is genuinely hard. Texas Family Code Section 8.051 lists the only paths to eligibility, and you have to satisfy at least one ^[1].

The most common path is the marriage-length route: the marriage lasted at least 10 years, and the spouse asking for maintenance lacks enough property to provide for minimum reasonable needs. 'Minimum reasonable needs' isn't defined in the statute, so judges decide it case by case, and outcomes vary by county.

The other qualifying paths exist regardless of how long the marriage lasted:

• The paying spouse was convicted of, or got deferred adjudication for, family violence against the other spouse or a child of the household within two years before the divorce was filed, or during the divorce itself.
• The spouse asking for maintenance has a physical or mental disability that prevents earning enough income.
• The spouse cares for a child of the marriage who needs substantial care because of a physical or mental disability, which makes earning enough income impossible.

Clearing one of those thresholds only gets you in the door. The court still has to set an amount and duration, and it still runs the factor analysis below.

One thing people miss. Even on the 10-year path, Texas Family Code Section 8.053 says the court must presume maintenance is not warranted if the spouse asking for it hasn't made diligent efforts to earn income or build skills during the separation ^[1]. Sitting out the divorce waiting for a check can hurt your case.

How does the Texas spousal maintenance calculator actually work?

There's no official Texas alimony calculator the way there's a child support formula. Child support runs on a statutory percentage grid. Spousal maintenance doesn't. What Texas gives you is a hard cap and a list of factors.

The cap, set in Texas Family Code Section 8.055, is the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income ^[1]. So if the paying spouse earns $15,000 gross a month, 20% is $3,000, and the cap is $3,000, not $5,000. If they earn $40,000 gross a month, 20% is $8,000, but the ceiling holds at $5,000.

Gross monthly income here follows the same definition Texas uses for child support: wages, salary, commissions, overtime, net self-employment income, rental income, interest and dividends, and most other recurring income. It doesn't count a new spouse's income.

Within that cap, a judge weighs the eight factors in Section 8.052:

1. Each spouse's financial resources and ability to meet their own needs 2. Education and employment skills 3. Duration of the marriage 4. Age, employment history, earning ability, and physical and emotional condition of the recipient 5. Contributions as a homemaker 6. Excessive or abnormal spending, hiding of assets, or fraud by either spouse 7. Fault in the breakup (adultery, cruelty), which can affect maintenance even though Texas is a no-fault state 8. Any history of family violence

Judges weigh these differently. A 25-year marriage where one spouse hasn't worked in 20 years looks nothing like a 10-year marriage where both spouses have careers. There's no multiplier and no score. Many Texas family lawyers use a rough heuristic: expect an award somewhere between 20% and 30% of the income gap between the spouses. That's a rule of thumb, not a statute.

If you're running numbers yourself, the honest method is simple. Calculate 20% of the paying spouse's gross monthly income, treat that as your ceiling, then ask whether a judge would land at half of it, three quarters of it, or near the top given the factors above. Most Texas awards come in well below the $5,000 cap.

How long does spousal maintenance last in Texas?

Duration is capped hard by statute under Texas Family Code Section 8.054 ^[1]. The maximum depends on the qualifying ground.

Qualifying ground	Maximum duration
Family violence conviction	5 years
Marriage of 10-19 years	5 years
Marriage of 20-29 years	7 years
Marriage of 30+ years	10 years
Disability (recipient or child)	As long as the disability continues

Those are ceilings, not starting points. The statute tells courts to limit maintenance to "the shortest reasonable period" the recipient needs to earn enough to meet minimum reasonable needs ^[1]. In practice, if a spouse has a degree and marketable skills, judges often award 2 to 3 years even when the maximum is 5 or 7.

Maintenance ends automatically under Section 8.056 when either party dies or the recipient remarries. Courts can also cut it off if the recipient starts living with a romantic partner in a residence "on a permanent or indefinite basis," though that phrase has been litigated and read differently across Texas courts ^[1].

The disability exception is the one case where Texas maintenance can run without a hard end date. If the recipient has a disability that genuinely blocks self-sufficiency, courts can order support for as long as the condition lasts, subject to periodic review.

What's the difference between spousal maintenance and contractual alimony in Texas?

This distinction matters practically and financially.

Statutory spousal maintenance is court-ordered, capped at $5,000 or 20%, modifiable by a court on a showing of material and substantial change in circumstances, and enforceable by contempt. That last part means a paying spouse can be jailed for not paying.

Contractual alimony is what you negotiate. No statutory cap. A couple with real assets can agree to $10,000 a month for 15 years if they both want to. A court can't reduce or modify it later. Only the parties can agree to change it. It's enforceable as a contract, not by contempt. If the paying spouse stops paying, the remedy is a civil lawsuit, not jail.

The tax treatment flipped in 2019. For divorces finalized on or after January 1, 2019, neither statutory maintenance nor contractual alimony is deductible by the payer or taxable to the recipient under federal law, following the Tax Cuts and Jobs Act ^[2]. For divorces finalized before that date and never modified, the old rules (deductible and taxable) still apply. Talk to a CPA before you finalize any spousal support agreement. That conversation is worth what it costs.

If you're doing an uncontested divorce and want to include contractual alimony, the amount and duration need to be spelled out clearly in your decree or in a separate agreement folded into the decree. Vague language about 'reasonable support' won't survive.

Does fault affect spousal maintenance in Texas?

Yes, but not the way most people expect.

Texas is a no-fault divorce state, so you don't have to prove adultery or cruelty to get divorced. But fault is one of the eight statutory factors a court considers when setting maintenance under Section 8.052 ^[1]. A judge can reduce or deny maintenance to a spouse who committed adultery, was convicted of a crime, or was cruel. A judge can also increase maintenance for the spouse who was the victim.

How much does fault actually move the number? Depends on the judge and the county. Clear, documented fault (a family violence conviction, a confession of adultery) can matter. Contested, hard-to-prove fault claims often eat more in attorney fees than they change the award. That's an honest observation, not a prediction.

In an uncontested divorce where both spouses agree on everything including support, fault is irrelevant. There's no contested hearing. You're writing your own outcome in the agreed decree.

How do you calculate Texas spousal maintenance if you're self-employed?

Self-employment complicates both sides of the math.

For the paying spouse, Texas courts look at net self-employment income after business expenses, but they scrutinize whether claimed deductions are real business expenses or personal costs run through a business. Depreciation and other non-cash deductions often get added back. The Texas Attorney General's child support guidelines lay out this add-back approach for self-employment income, and courts apply similar logic to maintenance ^[3].

For the recipient who is self-employed or building a business, courts look at earning capacity more than current income. A spouse who left a career to start a business that produces little income may get income imputed at their prior earning level, or the court may build in a reasonable ramp-up period.

There's no separate formula for self-employment. The same $5,000 or 20% cap applies. The hard part is pinning down what 'average gross monthly income' actually is when income swings. Courts usually average 2 to 3 years of tax returns, though they can look at more or fewer years depending on the facts. Business valuations sometimes enter the picture when one spouse owns a business with real value.

If both spouses are self-employed with variable income and you're doing an uncontested divorce, spell out the income basis for any agreed support amount in the decree. State it as a dollar figure, not a percentage of future income, unless you want the decree litigated forever.

Can you modify or stop spousal maintenance payments in Texas?

Statutory spousal maintenance can be modified by either party. The standard is a "material and substantial change in circumstances" under Texas Family Code Section 8.057 ^[1]. That covers the paying spouse losing a job, the recipient getting a big raise, a disability resolving, or either party's finances shifting a lot.

To modify, you file a motion to modify in the original divorce court, serve the other party, and usually have a hearing. If the other party agrees, you file an agreed order, which is faster and cheaper.

Automatic termination happens on the death of either party or the recipient's remarriage. Courts can also terminate for cohabitation, but that requires a showing that the recipient is living with a romantic partner on a permanent or indefinite basis, and that has to be proven in court. It's not automatic the way remarriage is.

Contractual alimony can't be modified by a court. Only the parties can agree to change it. That's the trade with a negotiated deal: you get certainty, but you also get rigidity.

A paying spouse who just stops paying statutory maintenance can be held in contempt. That can mean fines, attorney fee awards to the other spouse, and jail. Nonpayment of contractual alimony doesn't trigger contempt. The remedy there is a breach of contract suit, which is slower and costs more to pursue.

What does spousal maintenance actually cost to litigate in Texas?

Fight about maintenance in a contested divorce and you're spending real money. Family law attorneys in the big Texas metros (Houston, Dallas, Austin, San Antonio) typically charge $300 to $500 an hour ^[4]. A contested maintenance hearing with depositions, financial discovery, and a trial day can run $8,000 to $25,000 in fees per side. Nobody has clean aggregated data on this. Those ranges come from published fee schedules and retainer disclosures from Texas family law firms, not a controlled study.

In an uncontested divorce where you both agree on support terms, you skip all of it. You negotiate the amount and duration, write it into the agreed final decree, and the judge signs. Filing fees in Texas counties typically run $250 to $350 for the initial petition, plus service fees if you need to serve the respondent ^[5].

If your divorce is truly uncontested, including any agreed support arrangement, a document preparation service costs a fraction of full attorney representation. DivorceClear's $149 document packet covers the forms for an agreed Texas divorce, including provisions for spousal support, and it's worth a look if you've already settled every term.

One honest note. If maintenance is contested, or if there's a fight about income, assets, or qualifying grounds, hire an attorney. Getting the decree wrong or missing a qualifying argument almost always costs more than professional help would have. See our overview of working with a divorce attorney for how to weigh that.

For comparison, the Texas court system's self-help resources are free and cover the basic forms, but they won't help you calculate or negotiate a support amount ^[5].

How does spousal maintenance interact with child support in Texas?

They're separate calculations that share the same income base.

Child support in Texas runs on a percentage-of-income formula applied to the paying parent's net resources. Spousal maintenance uses 20% of gross income as a cap. Both obligations can run at once, but child support takes priority in enforcement and in the order it gets pulled from income.

Here's the practical squeeze. If a paying spouse already owes a big child support obligation, the money left over may be small enough that maintenance at the statutory cap is genuinely unaffordable. Courts know this and do consider existing child support orders when setting maintenance, though there's no statutory offset formula.

For the child support side of your math, our child support calculator article walks through the Texas formula in detail.

The overlap also matters for modification. A material change in the child support order (say, a child ages out) can be a material change in circumstances that supports a maintenance modification petition, because it shifts the paying spouse's whole financial picture.

What happens to spousal maintenance if the paying spouse moves out of Texas?

A Texas divorce decree is enforceable in all 50 states under the Full Faith and Credit Clause of the U.S. Constitution ^[8]. If a paying spouse moves to California or Florida, the recipient can register the Texas order in that state's courts and pursue enforcement there.

Texas courts keep jurisdiction to modify maintenance as long as either party still lives in Texas. If both parties leave, the Texas court may lose jurisdiction to modify, and the parties would have to establish jurisdiction in a new state.

For a paying spouse who moves to a community property state, there's no special wrinkle on the maintenance side. Maintenance is a personal obligation, not a property interest, so it doesn't run into community property rules in the new state.

If the recipient moves and the paying spouse stays in Texas, enforcement runs through Texas courts. The recipient can also register and enforce in the new state. Interstate enforcement is slower than in-state, but the obligation doesn't vanish with a move.

How is the $5,000 cap calculated, and can it ever be higher?

The $5,000 monthly cap in Texas Family Code Section 8.055 is a hard statutory ceiling for court-ordered spousal maintenance. No matter how high the paying spouse's income, a judge cannot order more than $5,000 a month ^[1].

There's no inflation adjustment built into the statute. The cap has sat at $5,000 since 2011, when the Legislature raised it from $2,500 ^[7].

Here's the key. That cap only touches court-ordered statutory maintenance. Contractual alimony, agreed to by both spouses, has no cap. Two high-income spouses can agree to $20,000 a month for 20 years in their decree, and a court will enforce it as a contract. If the paying spouse wants to hold exposure to $5,000, they shouldn't agree to more in a settlement, because then the contractual alimony rules govern, not the statutory cap.

Most Texas maintenance awards come in well below the $5,000 ceiling. A paying spouse earning $12,000 gross a month has a cap of $2,400 (20% of $12,000). The $5,000 number only bites for higher earners.

What should you put in your Texas divorce decree if you're agreeing on support?

Specificity is the whole game. Vague decree language about support produces expensive litigation later.

At minimum, an agreed support provision should state the exact monthly amount, the start date, the end date (or the termination event, like remarriage or a fixed number of months), the payment method (bank transfer, check), what counts as default, and whether you intend it as statutory maintenance (modifiable by a court) or contractual alimony (not modifiable).

If you want it to be contractual alimony and immune from modification, say so in the decree. Some Texas courts have held that silence on this point means the support is modifiable, while other courts read agreements differently. Label it and you avoid the fight.

Include a provision for what happens if the paying spouse dies. Life insurance as security for the obligation is common in higher-amount deals. A lump-sum settlement instead of ongoing payments is another route many couples prefer for the finality.

Our divorce papers article covers what goes into a Texas final decree and which provisions are mandatory. If you're preparing the decree yourself and have agreed on support, making the support language unambiguous is one place where an hour of attorney document review, even on an otherwise DIY divorce, earns its cost.

Frequently asked questions

Does Texas even have alimony?

Yes. Texas calls it 'spousal maintenance' rather than alimony and treats it as a last resort rather than a routine remedy. The spouse asking for it must meet specific eligibility requirements under Texas Family Code Chapter 8, the most common being a marriage of at least 10 years combined with inability to meet minimum reasonable needs. Awards are capped at $5,000 per month or 20% of the paying spouse's gross monthly income, whichever is less.

What is the maximum alimony a Texas court can order?

For court-ordered spousal maintenance, the maximum is the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income under Texas Family Code Section 8.055. There is no cap on contractual alimony agreed to by the parties in a settlement. The $5,000 ceiling has been in place since 2011, when the Legislature raised it from $2,500.

How long does alimony last after a Texas divorce?

Duration depends on the qualifying ground. The statutory maximums under Texas Family Code Section 8.054 are 5 years for marriages of 10-19 years, 7 years for marriages of 20-29 years, and 10 years for marriages of 30 or more years. If the qualifying ground is disability of the recipient or a child, maintenance can continue as long as the disability lasts. Courts are directed to award the shortest reasonable period, so actual awards often run shorter than the maximum.

Is there a formula for Texas spousal maintenance?

No. Unlike child support, which uses a statutory percentage formula, Texas spousal maintenance has no calculation formula. Courts apply the 20% of gross income cap as a ceiling, then exercise discretion based on eight statutory factors including marriage length, earning capacity, homemaker contributions, and fault. There's no official calculator. A rough practitioner heuristic is 20-30% of the income gap between spouses, but that's a rule of thumb, not law.

Can I waive alimony in a Texas divorce?

Yes. In an uncontested divorce, both spouses can agree that neither will receive spousal maintenance or contractual alimony. That waiver should be stated explicitly in the final decree. Courts generally enforce these waivers when both parties agreed knowingly. A properly drafted waiver prevents either party from later seeking maintenance, which is one reason clear decree language matters.

Does adultery affect alimony in Texas?

It can. Adultery is one of the statutory factors a Texas court may consider when setting maintenance under Texas Family Code Section 8.052. A spouse who committed adultery may receive less maintenance, or a court may award more to a spouse who was cheated on. How much adultery actually moves the number depends on the judge, the county, and the other facts in the case. In an uncontested divorce where you've agreed on terms, fault is irrelevant.

Can a husband get alimony in Texas?

Yes. Texas spousal maintenance is gender-neutral. Either spouse can seek maintenance from the other. The same eligibility rules and caps apply regardless of which spouse is seeking support. In practice, the spouse with substantially lower income or earning capacity is more likely to seek and receive maintenance, regardless of gender.

What's the difference between spousal maintenance and contractual alimony in Texas?

Spousal maintenance is court-ordered, capped at $5,000 per month or 20% of gross income, modifiable by a court if circumstances change, and enforceable by contempt. Contractual alimony is what spouses agree to in a settlement, has no statutory cap, cannot be modified by a court (only by agreement), and is enforceable as a contract rather than by contempt. Tax treatment of both changed in 2019: neither is deductible by the payer under current federal law.

What counts as income for Texas spousal maintenance calculations?

Texas courts look at average gross monthly income, which includes wages, salary, commissions, self-employment net income, overtime, rental income, interest, dividends, and most other regular income streams. It does not include the income of a new spouse. For self-employment income, courts typically average two to three years of tax returns and may add back non-cash deductions like depreciation. Courts can also impute income if they believe a spouse is voluntarily underemployed.

How do I stop paying spousal maintenance in Texas?

Statutory maintenance automatically terminates when either spouse dies or the recipient remarries. You can also file a motion to modify or terminate based on a material and substantial change in circumstances, such as job loss, the recipient's income increasing significantly, or the recipient cohabitating with a romantic partner on a permanent basis. File that motion in the original divorce court. Contractual alimony cannot be terminated by court order; both parties must agree to modify it.

Is Texas spousal maintenance taxable income?

For divorces finalized on or after January 1, 2019, no. The Tax Cuts and Jobs Act eliminated the deductibility of alimony for the payer and the taxability for the recipient on all new divorce agreements executed after that date. If your divorce was finalized before January 1, 2019, and the decree hasn't been modified to opt into the new rules, the old treatment (deductible/taxable) still applies. Consult a CPA if your divorce straddles that date or involves a pre-2019 decree being modified.

Do I need a lawyer to get spousal maintenance in Texas?

You're not required to have one, but contested maintenance hearings are procedurally complex enough that self-representation is risky. If your divorce is uncontested and you've agreed on support terms, you can prepare and file the decree yourself. The Texas Law Help website has self-help resources for pro se filers. If maintenance is disputed, the cost of getting the outcome wrong almost always exceeds the cost of legal representation.

What is the 10-year rule for alimony in Texas?

To qualify for spousal maintenance on the marriage-length path, the marriage must have lasted at least 10 years. That threshold is set in Texas Family Code Section 8.051. Meeting it doesn't guarantee an award; it only opens the door. The spouse seeking support must also show they lack sufficient property and income to meet minimum reasonable needs, and must have made diligent efforts toward self-sufficiency. Marriages of 10-19 years produce a maximum 5-year maintenance period.

How is spousal maintenance different from property division in Texas?

Property division in Texas splits marital assets and debts, typically aiming for a 'just and right' distribution (not necessarily 50/50) under Texas Family Code Section 7.001. Spousal maintenance is an ongoing payment stream post-divorce, separate from any asset transfer. A spouse can receive a favorable property division and still qualify for maintenance, or receive maintenance and no special property adjustment. They're independent legal questions, though judges consider the overall picture.

Sources

1. Texas Legislature, Texas Family Code Chapter 8 (Maintenance): Statutory basis for spousal maintenance eligibility, cap of $5,000 or 20% of gross monthly income, duration limits, eight factors, presumption against maintenance, termination events, and modification standard in Texas
2. IRS, Tax Cuts and Jobs Act changes to alimony deductibility: For divorce agreements executed after December 31, 2018, alimony is no longer deductible by the payer or includable in the recipient's gross income under federal tax law
3. Texas Attorney General, Child Support Division, Income Definition Guidelines: Texas courts use net self-employment income after genuine business expenses, with scrutiny of non-cash deductions, for income-based support calculations
4. State Bar of Texas, Attorney Fees and Legal Costs: Family law attorneys in major Texas metros charge in the range of $300 to $500 per hour for contested divorce proceedings
5. Texas Law Help (Texas Legal Services Center), Divorce Filing Fees and Self-Help Resources: Texas county filing fees for a divorce petition typically range from $250 to $350, and the site provides pro se self-help resources for uncontested divorces
6. Texas Legislature, Texas Family Code Section 7.001, Division of Property: Texas property division standard is 'just and right' rather than automatic 50/50 split of community property
7. Texas Legislature, Texas Family Code Section 8.055 (statutory cap text): The Texas spousal maintenance cap was raised from $2,500 to $5,000 per month in 2011 legislative amendments
8. Cornell Legal Information Institute, Full Faith and Credit Clause, Article IV U.S. Constitution: Divorce decrees from one state are enforceable in all other states under the Full Faith and Credit Clause of the U.S. Constitution
9. IRS Publication 504, Divorced or Separated Individuals: Pre-2019 divorce agreements retain old alimony tax treatment (deductible/taxable) unless the decree is modified to opt into the new rules