Texas is one of the most restrictive states in the nation when it comes to court-ordered spousal support. Unlike most states that use the term "alimony," Texas law distinguishes between court-ordered spousal maintenance under Tex. Fam. Code Chapter 8 and contractual alimony agreed upon by the parties. Court-ordered maintenance in Texas is capped at $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is less, under Tex. Fam. Code § 8.055. This guide explains how to use an alimony calculator for Texas, the eligibility thresholds you must meet, duration limits based on marriage length, and the 11 factors courts weigh when setting spousal maintenance amounts.
Key Facts: Spousal Support in Texas
| Category | Details |
|---|---|
| Legal Term | Spousal Maintenance (court-ordered) or Contractual Alimony (agreed) |
| Governing Law | Tex. Fam. Code Chapter 8 |
| Filing Fee | $250 to $400+ depending on county (As of March 2026. Verify with your local clerk.) |
| Waiting Period | 60 days minimum after filing |
| Residency Requirement | 6 months in Texas, 90 days in filing county (Tex. Fam. Code § 6.301) |
| Grounds for Divorce | No-fault (insupportability) under Tex. Fam. Code § 6.001 |
| Property Division | Community property state |
| Monthly Payment Cap | $5,000/month or 20% of payor's gross income (Tex. Fam. Code § 8.055) |
| Maximum Duration | 5, 7, or 10 years based on marriage length (Tex. Fam. Code § 8.054) |
How Does an Alimony Calculator Work in Texas?
A Texas alimony calculator estimates court-ordered spousal maintenance by applying the statutory cap of $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever amount is lower, under Tex. Fam. Code § 8.055. The calculator takes the payor's gross monthly income and multiplies it by 0.20 to determine the percentage-based limit, then compares that figure against the $5,000 hard cap.
For example, if the paying spouse earns $180,000 per year ($15,000 per month gross), 20% of that monthly income equals $3,000. Because $3,000 is less than the $5,000 statutory cap, the maximum court-ordered maintenance would be $3,000 per month. If the paying spouse earns $400,000 per year ($33,333 per month gross), 20% equals $6,667, but the $5,000 hard cap applies, limiting the award to $5,000 per month.
Texas does not use a standardized formula like some states. The alimony calculator for Texas provides an upper-bound estimate only. Courts retain discretion to award any amount at or below the statutory maximum based on the 11 factors listed in Tex. Fam. Code § 8.052. Many spousal maintenance awards fall below the cap after courts evaluate the requesting spouse's actual minimum reasonable needs.
Who Qualifies for Spousal Maintenance in Texas?
Texas imposes strict eligibility requirements that a requesting spouse must satisfy before any court may order spousal maintenance under Tex. Fam. Code § 8.051. The requesting spouse must first demonstrate that they will lack sufficient property, including their share of the community property division, to provide for their minimum reasonable needs. Meeting this threshold alone is not enough. The spouse must also prove at least one of the following qualifying conditions.
The four qualifying conditions under Tex. Fam. Code § 8.051 are:
- Family violence: The other spouse was convicted of or received deferred adjudication for a criminal offense constituting family violence against the requesting spouse or their child within 2 years before filing or during the pending divorce
- Incapacitating disability: The requesting spouse cannot earn sufficient income due to a physical or mental disability that is incapacitating
- Marriage of 10 or more years: The marriage lasted at least 10 years and the requesting spouse lacks the ability to earn sufficient income to meet minimum reasonable needs
- Disabled child custodian: The requesting spouse is the custodian of a child of any age who requires substantial care and personal supervision due to a physical or mental disability, preventing the spouse from earning sufficient income
Texas courts apply a rebuttable presumption against spousal maintenance for marriages lasting 10 or more years under Tex. Fam. Code § 8.053. The requesting spouse must demonstrate diligent efforts to earn sufficient income or develop necessary skills during the period of separation and while the divorce is pending. Failing to show such diligence can defeat a maintenance claim even when all other eligibility requirements are met.
How Long Does Spousal Maintenance Last in Texas?
Texas law limits the duration of court-ordered spousal maintenance based on the length of the marriage under Tex. Fam. Code § 8.054. The maximum duration ranges from 5 years to 10 years, and courts must order maintenance for the shortest reasonable period that allows the recipient to meet minimum reasonable needs. Texas does not permit permanent spousal maintenance except in limited disability situations.
| Marriage Duration | Maximum Maintenance Period | Statutory Basis |
|---|---|---|
| Under 10 years (family violence qualifying) | 5 years | Tex. Fam. Code § 8.054(a)(1) |
| 10 to 20 years | 5 years | Tex. Fam. Code § 8.054(a)(2) |
| 20 to 30 years | 7 years | Tex. Fam. Code § 8.054(a)(3) |
| 30 years or more | 10 years | Tex. Fam. Code § 8.054(a)(4) |
An important exception applies when the requesting spouse qualifies due to an incapacitating disability under Tex. Fam. Code § 8.051(2)(A) or as the custodian of a disabled child under Tex. Fam. Code § 8.051(2)(C). In those cases, maintenance may continue indefinitely, subject to periodic court review. Courts may also terminate maintenance early if the recipient cohabitates with another person in a dating or romantic relationship on a continuing basis, under Tex. Fam. Code § 8.056.
What Factors Do Texas Courts Consider When Calculating Spousal Support?
Texas courts consider 11 specific factors listed in Tex. Fam. Code § 8.052 when determining the amount and duration of spousal maintenance. These factors guide judicial discretion within the $5,000 per month or 20% of gross income cap. No single factor is dispositive, and courts weigh all relevant circumstances of both spouses.
The 11 statutory factors under Tex. Fam. Code § 8.052 are:
- Each spouse's ability to independently provide for minimum reasonable needs, considering all financial resources available after property division
- The education and employment skills of both spouses, the time necessary to acquire sufficient education or training, and the availability of that education or training
- The duration of the marriage
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
- The effect on each spouse's ability to provide for minimum reasonable needs while also paying child support or maintenance
- Acts by either spouse resulting in excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community property or jointly held property
- The contribution by one spouse to the education, training, or increased earning power of the other spouse
- The property brought to the marriage by either spouse
- The contribution of a spouse as homemaker
- Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage
- Any history or pattern of family violence as defined by Tex. Fam. Code § 71.004
Marital misconduct is a notable factor in Texas spousal maintenance calculations. While Texas is a no-fault divorce state under Tex. Fam. Code § 6.001, a court may consider adultery or cruel treatment when setting maintenance amounts. A spouse who committed adultery may receive a reduced maintenance award, or a court may increase maintenance for the innocent spouse.
What Is the Difference Between Spousal Maintenance and Contractual Alimony in Texas?
Texas recognizes two distinct forms of post-divorce spousal support: court-ordered spousal maintenance under Tex. Fam. Code Chapter 8, Subchapter B and contractual alimony under Tex. Fam. Code Chapter 8, Subchapter D (§§ 8.101-8.106). The critical difference is that court-ordered maintenance has strict caps and eligibility requirements, while contractual alimony has no statutory limits on amount or duration because both parties voluntarily agree to its terms.
| Feature | Court-Ordered Spousal Maintenance | Contractual Alimony |
|---|---|---|
| Authority | Court order under Tex. Fam. Code § 8.051 | Voluntary agreement between spouses |
| Eligibility | Must meet strict statutory requirements | No eligibility requirements |
| Amount Cap | $5,000/month or 20% of gross income | No cap, any agreed amount |
| Duration Cap | 5, 7, or 10 years based on marriage length | No limit, can be permanent |
| Enforcement | Contempt of court (fines, jail) under Tex. Fam. Code § 8.059 | Breach of contract lawsuit only |
| Modification | Court may modify on material change in circumstances | Only if agreement includes modification provision |
| Tax Treatment (Post-2018 TCJA) | Not deductible by payor, not income to recipient | Not deductible by payor, not income to recipient |
Contractual alimony is often the more practical path for Texas spouses who want support arrangements that exceed the statutory caps. Because Texas law is unusually restrictive with court-ordered maintenance, many divorce settlements include contractual alimony provisions negotiated as part of the overall property division. The tradeoff is enforcement: contractual alimony cannot be enforced through contempt proceedings, meaning the recipient must file a breach-of-contract lawsuit if the payor stops paying.
How Much Does Divorce Cost in Texas?
The base filing fee for a divorce petition in Texas ranges from $250 to $400 depending on the county, with Harris County, Dallas County, and Bexar County charging approximately $350 for cases without children and $365 to $401 for cases involving children. As of March 2026, verify current fees with your local district clerk. Additional mandatory surcharges typically add $100 to $150 on top of the base fee, covering court facilities ($20), county jury fund ($10), courthouse security ($20), court reporter services ($25), dispute resolution ($15), and law library ($35).
Total divorce costs in Texas vary dramatically based on whether the case is contested or uncontested. An uncontested divorce with no children and no spousal maintenance dispute typically costs $1,500 to $5,000 in total attorney fees and court costs. A contested divorce involving spousal maintenance calculations, property division disputes, and child custody litigation can cost $15,000 to $30,000 or more per spouse. Cases requiring forensic accountants to evaluate income for the spousal support calculator can add $5,000 to $15,000 in expert fees.
How Is Property Divided in a Texas Divorce?
Texas is a community property state, meaning courts divide marital assets according to a "just and right" standard under Tex. Fam. Code § 7.001. Community property includes all property acquired by either spouse during the marriage, with exceptions for gifts, inheritances, and personal injury recoveries. Texas courts do not automatically divide property 50/50. Instead, judges consider factors including each spouse's earning capacity, fault in the breakup of the marriage, and the needs of children.
The community property division directly affects spousal maintenance eligibility under Tex. Fam. Code § 8.051. A spouse must first demonstrate that their share of the community property division will be insufficient to meet minimum reasonable needs. If the property division provides adequate resources, the court will deny spousal maintenance regardless of marriage duration. This is why a Texas alimony calculator should always be used in conjunction with a property division analysis.
What Are the Residency Requirements for Filing for Divorce in Texas?
Texas requires at least one spouse to have been a domiciliary of the state for a minimum of 6 continuous months before filing for divorce under Tex. Fam. Code § 6.301. Additionally, at least one spouse must have resided in the county where the petition is filed for at least 90 days preceding the filing. Texas also imposes a mandatory 60-day waiting period between filing the divorce petition and the court granting the final decree under Tex. Fam. Code § 6.702.
Military personnel stationed outside Texas may count time spent on military orders toward the 6-month state residency and 90-day county residency requirements. A spouse accompanying a service member on military orders outside Texas also receives this benefit. The 60-day waiting period applies to all divorces regardless of agreement between the spouses, though courts may waive it in cases involving family violence under Tex. Fam. Code § 6.702(c).
Can Spousal Maintenance Be Modified or Terminated in Texas?
Court-ordered spousal maintenance in Texas can be modified or terminated by the court if a material and substantial change in circumstances occurs after the original order, under Tex. Fam. Code § 8.057. Either spouse may petition for modification. Maintenance terminates automatically upon the death of either party, the remarriage of the recipient spouse, or the court finding that the recipient is cohabitating with another person in a dating or romantic relationship on a continuing basis under Tex. Fam. Code § 8.056.
The Texas Supreme Court clarified the cohabitation standard in the 2025 decision Begala v. Begala, holding that the recipient spouse does not need to intend to live permanently with the cohabiting partner. Sharing a dwelling for any period longer than 60 days on a continuing basis qualifies as cohabitation that can terminate spousal maintenance. This ruling expanded the grounds for termination and made it easier for paying spouses to challenge ongoing maintenance obligations.
Frequently Asked Questions About Spousal Support in Texas
How is alimony calculated in Texas?
Texas courts calculate spousal maintenance by applying a statutory cap: the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income under Tex. Fam. Code § 8.055. Courts then consider 11 factors under Tex. Fam. Code § 8.052 to set the actual amount at or below that cap. A Texas alimony calculator applies this formula to estimate the maximum possible award.
Does Texas have permanent alimony?
Texas does not award permanent spousal maintenance in most cases. The maximum duration is 10 years for marriages lasting 30 years or longer under Tex. Fam. Code § 8.054. The only exception is when the requesting spouse has an incapacitating disability or is the custodian of a disabled child, in which case maintenance may continue indefinitely subject to periodic review.
Can I get alimony in Texas if my marriage lasted less than 10 years?
Spousal maintenance for marriages under 10 years is available only if the other spouse was convicted of or received deferred adjudication for family violence within 2 years before filing, under Tex. Fam. Code § 8.051(1). Without a family violence qualifying event, marriages under 10 years are ineligible for court-ordered maintenance in Texas.
Does adultery affect alimony in Texas?
Adultery is one of the 11 factors courts consider when determining spousal maintenance under Tex. Fam. Code § 8.052(10). A spouse who committed adultery may receive a reduced maintenance award. However, adultery alone does not automatically disqualify a spouse from receiving maintenance. Courts weigh it alongside all other statutory factors.
What is the maximum alimony payment in Texas?
The maximum court-ordered spousal maintenance payment in Texas is $5,000 per month under Tex. Fam. Code § 8.055. If 20% of the paying spouse's average monthly gross income is less than $5,000, the lower amount becomes the cap. For a payor earning $200,000 annually ($16,667/month), the maximum award would be $3,333 per month (20% of gross).
How does contractual alimony differ from spousal maintenance in Texas?
Contractual alimony is a voluntary agreement between spouses with no statutory caps on amount or duration, governed by Tex. Fam. Code §§ 8.101-8.106. Court-ordered spousal maintenance is capped at $5,000 per month or 20% of gross income with 5-to-10-year duration limits. The key tradeoff is enforcement: maintenance violations can result in contempt of court, while contractual alimony breaches require a civil lawsuit.
Is spousal support taxable in Texas?
Since the Tax Cuts and Jobs Act of 2017 (TCJA) took effect for agreements executed after December 31, 2018, spousal maintenance and contractual alimony payments are not tax-deductible for the paying spouse and are not counted as taxable income for the receiving spouse. This federal rule applies uniformly across all states including Texas. Agreements executed before January 1, 2019 follow the prior tax treatment unless modified.
Can I waive my right to spousal maintenance in Texas?
Spouses can waive the right to court-ordered spousal maintenance through a premarital agreement (prenup) or a partition and exchange agreement under Tex. Fam. Code § 4.003. The waiver must be in writing, signed voluntarily, and accompanied by fair and reasonable disclosure of property and financial obligations. Courts may refuse to enforce a maintenance waiver if it would leave a spouse eligible for public assistance.
What happens to spousal maintenance if I remarry in Texas?
Court-ordered spousal maintenance automatically terminates upon the remarriage of the receiving spouse under Tex. Fam. Code § 8.056(a)(2). The paying spouse does not need to file a motion to terminate; the obligation ends by operation of law on the date of remarriage. Contractual alimony, however, terminates on remarriage only if the agreement specifically includes a remarriage termination clause.
How do I enforce a spousal maintenance order in Texas?
Court-ordered spousal maintenance can be enforced through contempt proceedings under Tex. Fam. Code § 8.059. A paying spouse who fails to make court-ordered maintenance payments can face fines up to $500 per violation, up to 180 days in jail, or both. The requesting spouse files a motion for enforcement in the court that issued the original maintenance order. Contractual alimony cannot be enforced through contempt and requires a breach-of-contract lawsuit instead.