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Texas Spousal Maintenance Calculator (2026 Limits)

Texas has some of the most restrictive alimony rules in the country. Court-ordered payments — called spousal maintenance — are only available in narrow circumstances, and even then the Family Code imposes a hard ceiling on both the amount and how long it can last. Rather than a formula that produces an award, Texas law produces a maximum: this calculator shows that cap, which is the most a Texas court can order regardless of lifestyle or need.

Reviewed 2026-08-27 · Estimates only — not legal or financial advice. · Ver esta página en español

Before taxes, from all sources.
The law behind this calculator: Texas Family Code, Chapter 8 (spousal maintenance) — Tex. Fam. Code §§ 8.054–8.055.

How Texas calculates it

  • The monthly amount is capped at the lesser of $5,000 or 20% of the paying spouse's average monthly gross income (Tex. Fam. Code § 8.055).
  • Eligibility is the hard part: the requesting spouse must lack sufficient property to meet minimum reasonable needs AND fit one of the statutory gates — a 10-year-plus marriage with inability to earn enough, a disability, care of a disabled child, or family violence by the payer.
  • Duration limits scale with the marriage: at most 5 years for 10–20 year marriages, 7 years for 20–30, and 10 years for 30+ (§ 8.054).
  • Courts must order the shortest reasonable period, and the presumption is against maintenance — many divorcing spouses in Texas receive none at all.

Worked example

After a 15-year marriage, the paying spouse grosses $150,000/year ($12,500/month). The cap is the lesser of $5,000 or 20% × $12,500 = $2,500 — so the most a court can order is $2,500/month, for at most 5 years. Whether the requesting spouse gets that amount (or anything) depends on proving eligibility and need.

Frequently asked questions

Is alimony automatic in Texas after 10 years of marriage?

No. Ten years opens the door to eligibility, but the requesting spouse must still prove they cannot earn enough to meet their minimum reasonable needs, and the court presumes maintenance is NOT warranted unless the spouse has diligently tried to earn income or develop skills.

What is the difference between contractual alimony and court-ordered maintenance?

Spouses can agree to any amount and duration of alimony in a settlement — the Chapter 8 caps only bind what a judge can order. Much of the 'alimony' actually paid in Texas is contractual, negotiated as part of the property division.

What income counts toward the 20% cap?

Gross income from nearly all sources — wages, self-employment, rents, investment income — but the statute excludes items like Social Security, VA disability benefits, and workers' compensation.

Can Texas maintenance be modified or terminated?

Yes. It can be reduced on a substantial change in circumstances, and it terminates automatically if either party dies or the recipient remarries or cohabits with a romantic partner.

Does adultery affect spousal maintenance in Texas?

It can. Unlike community-property division, eligibility itself is need-based, but courts may weigh marital misconduct — including adultery — when setting the amount and duration within the caps.

Is the calculation different in Houston, Dallas or San Antonio?

No. Tex. Fam. Code §§ 8.054–8.055 applies statewide, so courts in Houston, Dallas, San Antonio and every other county start from the same guideline. Local practice can differ in how judges weigh deviation factors and in typical negotiated outcomes, but the formula on this page is the one used across Texas.

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StateTally. (2026). Texas Spousal Maintenance Calculator (2026 Limits). Retrieved October 13, 2026, from https://statetally.com/alimony/texas/