Texas Alimony Calculator (2026)
Texas calls court-ordered alimony spousal maintenance and limits it tightly: at most $5,000 per month or 20% of the paying spouse's average gross income, for a fixed number of years that depends on the length of the marriage. Enter the paying spouse's income and the marriage length to see the ceiling.
Maximum monthly maintenance
Paid by the higher-earning spouse to the requesting spouse.
- Maximum duration
- Up to 5 years
How we got there
| Paying spouse's average monthly gross income | $8,000 |
| 20% of gross income | $1,600 |
| Statutory ceiling | $5,000 |
| Maximum monthly maintenance | $1,600 |
- The requesting spouse must also show they lack enough property to meet minimum reasonable needs and cannot earn sufficient income.
- Courts order maintenance for the shortest reasonable period; the statutory limits are ceilings, not entitlements.
- Spouses can agree to contractual alimony in a settlement without these limits.
Standing assumptions
- Amount limit from Texas Family Code section 8.055; duration limits from section 8.054.
- Gross income excludes the items carved out in section 8.055(a-1), such as VA disability benefits and SSI.
Estimate only. Not legal advice.
Key 2026 numbers for Texas
- Monthly ceiling
- $5,000 or 20%
- The lesser of $5,000 or 20% of the paying spouse's average monthly gross income.
- Marriage of 10 to 20 years
- 5 years max
- Also the limit for family-violence cases regardless of marriage length.
- Marriage of 20 to 30 years
- 7 years max
- 30 years or longer: 10 years maximum.
- Disability cases
- No fixed limit
- Maintenance can continue as long as the qualifying disability lasts.
Who qualifies for maintenance in Texas
Chapter 8 of the Texas Family Code presumes that maintenance is not warranted. A spouse can qualify only under section 8.051: the marriage lasted 10 years or more and the requesting spouse lacks the ability to earn sufficient income to meet minimum reasonable needs; the other spouse was convicted of or received deferred adjudication for family violence within two years before filing or during the case; the requesting spouse has an incapacitating physical or mental disability; or the requesting spouse is the custodian of a child of the marriage whose disability requires substantial care.
Even when a spouse qualifies, section 8.053 requires them to show they have tried to earn income or develop skills during the case, unless the disability exceptions apply.
How much maintenance can be ordered
Section 8.055 caps the monthly amount at the lesser of $5,000 or 20% of the obligor's average monthly gross income. Gross income includes wages, self-employment, rental income, interest, dividends, retirement benefits, and most other income, but excludes VA service-connected disability compensation, Social Security Supplemental Security Income, and workers' compensation benefits. The court considers the factors in section 8.052, including each spouse's resources, education, employment skills, marital misconduct, and contributions as a homemaker.
How long maintenance can last
Section 8.054 limits duration. For marriages of 10 to 20 years, and for family-violence cases of any length, the maximum is five years. Marriages of 20 to 30 years allow up to seven years, and marriages of 30 years or more allow up to ten. Courts must limit maintenance to the shortest reasonable period that lets the spouse become self-supporting, unless a disability, care of a disabled child, or another compelling impediment prevents that.
Termination and modification
Under section 8.056 maintenance ends automatically on the death of either spouse or the remarriage of the recipient, and a court must terminate it when the recipient cohabits with a romantic partner in a permanent residence on a continuing basis. Either spouse can seek a reduction on a material and substantial change in circumstances, but the amount cannot be increased above the original order.
Contractual alimony
Spouses often agree to alimony in a settlement instead of litigating maintenance. Contractual alimony is enforced as a contract rather than under chapter 8, so the parties can set any amount and duration. Because it is not court-ordered maintenance, it generally cannot be enforced by contempt or wage withholding beyond the statutory limits.
Worked example
- The paying spouse's average monthly gross income is $8,000 and the marriage lasted 12 years.
- 20% of $8,000 is $1,600, which is less than $5,000, so the ceiling is $1,600 per month.
- A 12-year marriage falls in the 10 to 20-year band, so maintenance can last at most five years.
Maintenance of up to $1,600 per month for up to five years, if the requesting spouse meets the eligibility requirements.
Texas alimony questions
Is alimony mandatory in Texas?
No. Texas presumes maintenance is not appropriate. The requesting spouse must fit one of the section 8.051 categories and show a genuine inability to meet minimum reasonable needs.
Can I get alimony after a marriage shorter than 10 years?
Only in family-violence cases or where the requesting spouse or a child of the marriage has a qualifying disability. Otherwise the 10-year minimum applies.
Is Texas spousal maintenance taxable?
For divorces finalized after 2018, maintenance is neither deductible by the payer nor taxable to the recipient under federal law, and Texas has no state income tax.
What is the difference between temporary support and maintenance?
Temporary spousal support during the divorce is set under the court's general authority and is not limited by chapter 8. Maintenance is the post-divorce payment subject to the caps described here.
Sources
- Texas Family Code section 8.051, eligibility for maintenance
- Texas Family Code section 8.054, duration of maintenance order
- Texas Family Code section 8.055, amount of maintenance
- Texas Family Code section 8.056, termination
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