Texas Spousal Maintenance Calculator
Estimated Calculation Results
*Disclaimer: This is an estimate based on Texas statutory caps. Court discretion and individual financial needs apply.
Understanding Texas Spousal Maintenance Laws
In Texas, what many people commonly call "alimony" is legally referred to as spousal maintenance. Texas has some of the most restrictive spousal support laws in the United States, prioritizing the ability of the recipient spouse to become self-sufficient.
How Spousal Maintenance is Calculated in Texas
Unlike other states that use complex formulas, Texas law (Family Code Chapter 8) sets strict maximum limits on how much a court can award. The monthly payment is capped at the lesser of two figures:
- $5,000 per month
- 20% of the payer spouse's average monthly gross income
Gross income includes wages, interest, dividends, and rental income, but excludes certain benefits like Social Security or disability payments.
Eligibility Requirements
To qualify for maintenance in Texas, the spouse seeking support must first prove they lack sufficient property to provide for their "minimum reasonable needs." Additionally, one of the following must apply:
- The 10-Year Rule: The marriage lasted at least 10 years, and the spouse cannot earn enough to support themselves despite making a diligent effort.
- Family Violence: The other spouse was convicted of or received deferred adjudication for a family violence offense within two years of filing for divorce.
- Disability: The seeking spouse has a physical or mental disability that prevents them from earning a sufficient income.
- Caregiver Status: The spouse is the custodian of a child from the marriage who requires substantial care due to a disability.
Duration of Payments
Texas law limits how long payments can last based on the length of the marriage:
| Length of Marriage | Max Duration of Support |
|---|---|
| 10 to 20 Years | 5 Years |
| 20 to 30 Years | 7 Years |
| 30+ Years | 10 Years |
Example Calculation
If the paying spouse earns $120,000 gross per year ($10,000/month) and the marriage lasted 25 years:
- 20% of $10,000 = $2,000
- Statutory Max = $5,000
- The Maximum Award: $2,000 per month (the lesser amount).
- Duration: Up to 7 years.
Note: Spousal maintenance is different from "contractual alimony," which is a private agreement between spouses during a divorce settlement that can exceed these limits.