Alimony Calculator Texas

Texas Spousal Maintenance (Alimony) Calculator

This calculator provides an estimate of the maximum potential statutory spousal maintenance in Texas. Actual awards may vary based on specific case details and judicial discretion.

function calculateTexasAlimony() { var payorIncome = parseFloat(document.getElementById('payorMonthlyGrossIncome').value); var recipientIncome = parseFloat(document.getElementById('recipientMonthlyGrossIncome').value); // Not directly used in statutory max, but good for context var resultDiv = document.getElementById('result'); if (isNaN(payorIncome) || payorIncome < 0) { resultDiv.innerHTML = "Please enter a valid positive number for Payor's Gross Monthly Income."; resultDiv.style.color = 'red'; return; } if (isNaN(recipientIncome) || recipientIncome < 0) { resultDiv.innerHTML = "Please enter a valid positive number for Recipient's Gross Monthly Income."; resultDiv.style.color = 'red'; return; } // Texas statutory limits for spousal maintenance var twentyPercentOfIncome = 0.20 * payorIncome; var statutoryCap = 5000; // $5,000 per month var maxMonthlyMaintenance = Math.min(twentyPercentOfIncome, statutoryCap); resultDiv.innerHTML = "Maximum Potential Monthly Spousal Maintenance: $" + maxMonthlyMaintenance.toFixed(2) + ""; resultDiv.style.color = '#333'; } // Initial calculation on page load for default values window.onload = calculateTexasAlimony;

Understanding Spousal Maintenance (Alimony) in Texas

In Texas, what is commonly referred to as "alimony" is legally known as "spousal maintenance." Unlike some other states where alimony is more routinely awarded, Texas law sets strict eligibility requirements and limitations on both the amount and duration of spousal maintenance payments. This calculator helps you understand the maximum potential monthly amount based on the payor's income, according to Texas statutes.

Eligibility for Spousal Maintenance in Texas

Before any spousal maintenance can be awarded, the requesting spouse must demonstrate that they lack sufficient property, including their separate property, to provide for their minimum reasonable needs. Additionally, one of the following conditions must generally be met:

  • The marriage lasted for at least 10 years, and the requesting spouse diligently sought employment or developed skills to meet their minimum reasonable needs.
  • The paying spouse was convicted of family violence against the other spouse or their child within two years before the divorce filing or while the divorce is pending.
  • The requesting spouse has an incapacitating physical or mental disability.
  • A child of the marriage has a physical or mental disability requiring substantial care and supervision, preventing the requesting spouse from earning sufficient income.

It's crucial to understand that even if these conditions are met, a judge has discretion in awarding spousal maintenance and determining its amount and duration.

How Texas Spousal Maintenance is Calculated (Statutory Limits)

Texas law places strict limits on the amount of spousal maintenance a court can order. The monthly amount cannot exceed the lesser of:

  1. $5,000 per month, OR
  2. 20% of the paying spouse's average monthly gross income.

This calculator uses these statutory limits to determine the maximum potential monthly payment. It's important to note that the court will also consider various factors when determining the actual amount, including the spouses' abilities to provide for their own minimum reasonable needs, education, employment skills, marriage duration, and any marital misconduct.

Duration of Spousal Maintenance

Texas law also limits the duration of spousal maintenance payments, typically based on the length of the marriage:

  • 5 years: If the marriage lasted 10 to 20 years, or if the paying spouse was convicted of family violence.
  • 7 years: If the marriage lasted 20 to 30 years.
  • 10 years: If the marriage lasted 30 years or more.

Maintenance may also be ordered for as long as necessary if the recipient spouse has an incapacitating disability or is caring for a disabled child.

Examples of Texas Spousal Maintenance Calculation

Let's look at a few scenarios using the statutory limits:

  • Example 1: Payor's Gross Monthly Income = $4,000
    • 20% of $4,000 = $800
    • Lesser of $800 or $5,000 = $800
    • Maximum Potential Monthly Spousal Maintenance: $800
  • Example 2: Payor's Gross Monthly Income = $20,000
    • 20% of $20,000 = $4,000
    • Lesser of $4,000 or $5,000 = $4,000
    • Maximum Potential Monthly Spousal Maintenance: $4,000
  • Example 3: Payor's Gross Monthly Income = $30,000
    • 20% of $30,000 = $6,000
    • Lesser of $6,000 or $5,000 = $5,000
    • Maximum Potential Monthly Spousal Maintenance: $5,000

Important Disclaimer

This calculator provides an estimate based purely on the statutory maximums for spousal maintenance in Texas. It does not account for all the complex factors a court considers, such as the actual need of the recipient, the ability of the payor to pay, other financial resources, marital misconduct, or the specific eligibility criteria. For accurate legal advice regarding your specific situation, it is essential to consult with a qualified Texas family law attorney.

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