Estimate court-ordered spousal maintenance in Texas. The state caps it at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income, with a maximum duration set by the length of the marriage.
Texas is a restrictive alimony state. Court-ordered spousal maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Duration is limited by the length of the marriage: up to 5 years under 20 years, 7 years for 20 to 30 years, and 10 years for 30 years or more. Eligibility is narrow and the court starts from a presumption against an award.
Texas is one of the most restrictive states for alimony. It was the last state to adopt court-ordered spousal support at all, and the rules still reflect that reluctance. The law does not try to equalize incomes after divorce. It provides a limited, capped bridge for a spouse who genuinely cannot meet basic needs.
Two terms matter. Court-ordered spousal maintenance is set by a judge under Texas Family Code Chapter 8 and is capped by statute. Contractual alimony is agreed voluntarily in a divorce settlement and is not capped, because it is a contract rather than a court order. The calculator above estimates the court-ordered maximum.
| Item | Rule |
|---|---|
| Monthly cap | The lesser of $5,000 or 20% of the payer's average monthly gross income |
| Eligibility | Must lack property to meet minimum reasonable needs, plus one qualifying category |
| Starting point | Rebuttable presumption against an award |
| Duration | Set by marriage length, from 5 to 10 years |
For the calculator covering other states, see the main alimony calculator. If children are involved, most Texas divorces also set support with the Texas child support calculator.
Source: Texas Family Code sections 8.051, 8.052, 8.054 and 8.055.
This calculator provides an educational estimate only. Whether a court awards maintenance, and how much, depends on the specific facts of your case and judicial discretion. Always consult a licensed Texas family law attorney before making legal decisions.
Eligibility is the first hurdle, and most divorces do not clear it. Under section 8.051, the spouse asking for maintenance must first show they will lack enough property after the divorce to meet their minimum reasonable needs. Then they must fit one of four categories.
Even after 10 years of marriage, Texas presumes maintenance is not warranted. The requesting spouse has to rebut that presumption by showing they exercised diligence in earning income or developing skills, or that a disability or child care prevents it.
The standard is basic needs, decided case by case, not the standard of living during the marriage. This is a key difference from states that aim to maintain the marital lifestyle.
When a court does order maintenance, section 8.055 caps the monthly amount at the lesser of $5,000 or 20 percent of the paying spouse's average monthly gross income. The calculator applies whichever figure is lower.
Two quick examples. A spouse earning $8,000 in average monthly gross income has a cap of $1,600, because 20 percent of $8,000 is below $5,000. A spouse earning $40,000 per month has a cap of $5,000, because 20 percent would be $8,000 and the $5,000 ceiling controls. Gross income here is broad, covering wages, self-employment, and most recurring income sources.
Remember that the cap is a ceiling, not a target. Judges frequently order less than the maximum and tie the amount to the receiving spouse's proven minimum reasonable needs.
Source: Texas Family Code section 8.055.
Duration is capped by the length of the marriage under section 8.054. The court must order maintenance for the shortest reasonable period that lets the receiving spouse earn enough to meet minimum reasonable needs, unless a disability or child care makes that impractical.
| Length of marriage | Maximum duration |
|---|---|
| Under 10 years (family violence only) | Up to 5 years |
| 10 to 20 years | Up to 5 years |
| 20 to 30 years | Up to 7 years |
| 30 years or more | Up to 10 years |
| Disability or disabled child in care | As long as the condition continues |
Maintenance also ends early on the death of either spouse, or when the recipient remarries or lives with a new romantic partner on a continuing basis.
Source: Texas Family Code section 8.054.
Within the cap and duration limits, section 8.052 lists the factors a judge considers when setting the amount and length. No single factor decides the outcome.
Each spouse's education, employment skills, and the time and cost to acquire training or find work. This is central, because the goal is a bridge to self-sufficiency, not permanent support.
Duration of the marriage, the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance, and contributions as a homemaker.
Marital misconduct, including adultery and cruelty, any family violence, one spouse's contribution to the other's education or earning power, property brought to the marriage, and how the marital property was divided.
Source: Texas Family Code section 8.052.
Many Texas divorces resolve support by agreement rather than by a maintenance order. Contractual alimony is negotiated in the settlement and written into the decree. Because it is a contract, it is not bound by the $5,000 or 20 percent cap or the duration limits, so spouses can agree to a higher amount or a longer term.
The trade-off is enforcement. Court-ordered maintenance can be enforced with the court's contempt power. Contractual alimony is generally enforced as a contract, which can be a slower path if payments stop. Which route fits depends on the amounts involved, tax planning, and how much certainty each spouse wants.