When couples divorce in Texas, financial support between former spouses—commonly referred to as alimony or spousal maintenance—can be one of the most misunderstood aspects. Unlike child support, which follows a specific formula, alimony in Texas is highly limited and awarded under specific circumstances.
What Is Alimony in Texas?
In Texas, the legal term for alimony is spousal maintenance. It refers to payments that one spouse makes to the other after divorce to support their financial needs.
Texas courts strongly favor self-sufficiency, and spousal maintenance is only granted in limited situations. In some cases, divorcing parties may agree to contractual alimony, which is separate from court-ordered spousal maintenance.
Is There an Official Texas Alimony Calculator?
No. Texas does not provide an official alimony or spousal maintenance calculator. However, state law does define:
- When spousal maintenance can be awarded
- Limits on amount and duration
- Factors judges must consider
Family lawyers sometimes use informal estimates based on income, length of marriage, and other statutory requirements.
Who Qualifies for Spousal Maintenance in Texas?
Under Texas Family Code § 8.051, a spouse is eligible for maintenance only if:
- The paying spouse was convicted of family violence within 2 years before the divorce or while it was pending
OR - The recipient spouse lacks sufficient property to meet basic needs and:
- Is unable to earn sufficient income due to a disability
- Has been married 10+ years and lacks earning ability
- Is the custodian of a disabled child, preventing gainful employment
If none of these conditions are met, spousal maintenance will not be awarded, regardless of income disparity.
Texas Spousal Maintenance Limits
Even when granted, spousal maintenance is subject to strict limits in Texas.
Maximum Monthly Amount
Per Texas Family Code § 8.055, the award cannot exceed:
20% of the paying spouse’s average monthly gross income, or
$5,000 per month, whichever is less
This cap is non-negotiable and applies even in high-asset divorces.
Duration Limits
Texas also sets time limits based on the length of the marriage and circumstances:
| Marriage Length / Circumstance | Maximum Duration |
|---|---|
| Family violence within 2 years | 5 years |
| Marriage 10–20 years | 5 years |
| Marriage 20–30 years | 7 years |
| Marriage 30+ years | 10 years |
| Disability of spouse or child | Potentially indefinite |
Judges aim to award only the amount and duration necessary for the recipient to become self-supporting.
Texas Alimony Calculator (Unofficial)
Since Texas law limits spousal maintenance to 20% of gross monthly income or $5,000, you can use this unofficial formula:
Alimony = 20% of the paying spouse’s gross monthly income, up to a max of $5,000/month
Example 1:
- Spouse A (payor) earns $8,000/month
- 20% of $8,000 = $1,600
- Estimated alimony = $1,600/month
Example 2:
- Spouse B earns $30,000/month
- 20% = $6,000 → capped at $5,000/month
These calculations assume that the recipient meets the legal eligibility requirements. The actual award may be less, depending on the recipient’s needs and other factors.
Factors Considered in Awarding Alimony
Even if eligibility is met, courts weigh several factors under Texas Family Code § 8.052:
- Each spouse’s financial resources
- Education and employment skills
- Time needed to acquire training or education
- Marital contributions (homemaking, child care)
- Duration of the marriage
- Age, physical and emotional health
- Misconduct such as adultery or waste of community property
Spousal fault like abuse or infidelity does not automatically bar maintenance, but it can influence the court’s decision.
Types of Spousal Support in Texas
1. Court-Ordered Spousal Maintenance
Granted by a judge when legal criteria are met. Subject to strict caps and duration limits.
2. Contractual Alimony
Voluntarily agreed to by spouses in a divorce settlement, even if legal conditions for court-ordered support aren’t met. The court cannot enforce it like regular maintenance unless specifically ordered.
3. Temporary Spousal Support
May be ordered while the divorce is pending to ensure financial stability during the legal process.
Modifying or Terminating Alimony in Texas
Either party can request a modification if circumstances change substantially (e.g., job loss, illness, income changes). However:
- Spousal maintenance automatically terminates upon the recipient’s remarriage
- It may also be terminated if the recipient is cohabiting with a romantic partner
All changes must be made by court order. You cannot unilaterally stop payments.
Is Alimony Taxable in Texas?
As of January 1, 2019, due to the Tax Cuts and Jobs Act:
- Spousal maintenance is not deductible for the payor
- The recipient does not report alimony as income
These federal tax changes apply to all divorce agreements finalized on or after January 1, 2019.
Sample Texas Alimony Calculator (Worksheet)
Here’s an example of how a simple calculator might work:
Input:
- Payor’s Monthly Gross Income: $10,000
- Recipient Eligible for Maintenance: Yes (marriage of 15 years, lacks income)
Output:
- 20% of $10,000 = $2,000
- Max per Texas law = $5,000
- Estimated Alimony = $2,000/month for up to 5 years
This is not guaranteed. The judge could award a lower amount or shorter duration.
FAQs
Does Texas allow permanent alimony?
Very rarely. Only in cases involving disability or care of a disabled child may maintenance be indefinite.
Can you waive alimony in a prenuptial agreement?
Yes. Texas courts generally uphold valid prenuptial agreements that waive spousal maintenance.
Can men receive alimony in Texas?
Yes. Spousal maintenance is gender-neutral in Texas.
What’s the difference between alimony and child support?
Child support is mandatory and formula-based. Spousal maintenance is discretionary and capped.
What happens if the paying spouse doesn’t pay?
The court can enforce payments through:
- Wage garnishment
- Property liens
- Contempt of court (fines or jail time)
Summary: Key Takeaways on Texas Alimony
✅ Texas does not have an official calculator, but awards are based on strict legal rules.
✅ Maximum award = 20% of payor’s income, capped at $5,000/month
✅ Duration depends on length of marriage, typically 5–10 years max
✅ Courts award maintenance only if specific eligibility conditions are met
✅ Contractual alimony is more flexible but not always court-enforceable
Helpful Resources
- Texas Family Code Chapter 8 – Spousal Maintenance
- TexasLawHelp.org – Spousal Support
- Divorce Self-Help Toolkit – Texas Access