Texas Alimony / Spousal Support Estimator

Texas courts have no formula for calculating spousal maintenance. Under Texas Family Code § 8.055, the amount is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Courts use judicial discretion and weigh statutory factors from § 8.052 — including each spouse's earning ability, education, employment skills, and length of marriage — to determine the final amount within those caps.

Texas recognizes two types of spousal support. Court-ordered spousal maintenance under Texas Family Code Chapter 8 requires meeting strict eligibility criteria and is subject to statutory caps of $5,000 per month and maximum duration limits. Contractual alimony is a voluntary agreement between spouses included in the Agreed Final Decree, with no eligibility requirements, no amount caps, and enforcement as a contract rather than a court order.

Texas Family Code § 8.054 sets maximum durations based on marriage length: 5 years for marriages of 10–20 years, 7 years for marriages of 20–30 years, and 10 years for marriages lasting 30 or more years. Family violence cases qualify for up to 5 years regardless of marriage length. Courts must limit maintenance to the shortest reasonable period needed for the recipient to become self-supporting. Disability-based maintenance may continue indefinitely.

Under Texas Family Code § 8.052, courts consider each spouse's financial resources, education and employment skills, the time needed to acquire sufficient training, the duration of the marriage, and each spouse's age and health. Courts also evaluate contributions as a homemaker, marital misconduct including adultery and cruel treatment, property brought to the marriage, and any history of family violence.

Court-ordered spousal maintenance can be modified under Texas Family Code § 8.057 if either party demonstrates a material and substantial change in circumstances, such as job loss, significant income change, or health deterioration. However, Texas law prohibits courts from increasing the maintenance amount — modifications can only reduce or terminate payments. Contractual alimony can only be modified if the original agreement includes a modification provision.

Yes, marital misconduct including adultery is a factor under Texas Family Code § 8.052 that courts consider when determining spousal maintenance amount and duration. Adultery by the requesting spouse may reduce or eliminate a maintenance award. Adultery by the paying spouse may weigh in favor of granting maintenance. However, adultery alone does not automatically determine the outcome — courts weigh it alongside all other statutory factors.

For all divorce agreements executed after December 31, 2018, spousal maintenance payments are not tax-deductible for the paying spouse and not taxable income for the receiving spouse under the Tax Cuts and Jobs Act. This applies to both court-ordered Texas spousal maintenance and contractual alimony. Agreements executed before 2019 follow prior rules unless modified, where the payer deducts and the recipient reports payments as income.

Yes, Texas law allows spouses to waive spousal maintenance rights in a prenuptial or premarital agreement under Texas Family Code Chapter 4. Contractual alimony terms can also be negotiated in the Agreed Final Decree during divorce proceedings. Courts generally uphold these waivers unless the agreement was signed involuntarily, without adequate disclosure of assets, or is found unconscionable at the time of enforcement.