Texas Alimony (Spousal Maintenance) Calculator
Estimate the statutory maximum for Texas spousal maintenance (Tex. Fam. Code §8.055, eff. Sept. 1, 2011). Free, instant, no data stored.
Estimated Maintenance Cap
Statutory maximum. The court sets the actual amount at or below this cap based on the recipient's minimum reasonable needs.
Source: Tex. Fam. Code §8.054, §8.055 (as of Sept. 1, 2011).
How Texas spousal maintenance works
Texas calls alimony spousal maintenance. Unlike states with guideline formulas that produce a specific amount, Texas law sets a statutory cap: the court cannot order more than the lesser of:
- $5,000 per month, or
- 20% of the paying spouse's average monthly gross income
The actual amount the court orders can be anything below that cap, based on the recipient's minimum reasonable needs and the paying spouse's ability to pay.
Who qualifies for Texas spousal maintenance?
Maintenance is available if the marriage lasted at least 10 years and the recipient lacks sufficient property to meet minimum reasonable needs. Eligibility also arises regardless of marriage length if: the paying spouse was convicted of or received deferred adjudication for family violence within two years of filing, or the recipient spouse has an incapacitating physical or mental disability.
Duration caps by marriage length
- 10–19 years: maximum 5 years (60 months)
- 20–29 years: maximum 7 years (84 months)
- 30+ years: maximum 10 years (120 months)
Courts order the shortest reasonable period during which the recipient can earn enough to meet minimum reasonable needs. Permanent maintenance is not available under the general rule; a disability exception may extend maintenance.
Frequently asked questions
Does Texas have "alimony" or "spousal support"? The Texas Family Code uses "spousal maintenance." Contractual alimony (agreed in a divorce settlement) is also recognized and can exceed the statutory cap.
Is the $5,000 cap adjusted for inflation? No — it has been $5,000 since 2011. The cap applies per the statute as written unless the legislature amends it.