How the result is produced
How this spousal maintenance calculator works
The result above applies the calculation described on this page to the figures entered. It cannot resolve disputed evidence, statutory eligibility, or a judge’s discretion. Read the limits below before using the number in a budget or discussion.
The calculation
20% of gross incomeor$5,000→Use the lesser ceiling
This calculates only the outside limit. The spouse asking for maintenance must first satisfy §8.051, and any order must use the shortest reasonable period within the applicable maximum.
Before calculating an amount
Chapter 8 requires a property threshold and an eligibility path
The applicant first must show that the property available after divorce, including separate property, will not meet minimum reasonable needs. The applicant must then prove one of the four paths in §8.051.
A qualifying family-violence case
The other spouse must have a conviction or deferred adjudication for a qualifying offense committed during the marriage and within the two-year filing window or while the case was pending.
A marriage lasting at least ten years
The applicant must still lack enough earning ability and overcome the §8.053 presumption by showing the required diligence.
An incapacitating disability
The applicant’s physical or mental disability must prevent enough income to meet minimum reasonable needs.
Care of a disabled child of the marriage
The child must require substantial care and personal supervision that prevents the applicant from earning enough outside the home.
How long an order may last
Five, seven, and ten years are maximums
| Eligibility path or marriage length | Longest permitted period |
|---|---|
| Under 10 years, qualifying through family violence | 5 years |
| At least 10 but under 20 years | 5 years |
| At least 20 but under 30 years | 7 years |
| 30 years or longer | 10 years |
| Applicant disability or care of a disabled child under §8.051(2)(A) or (C) | May continue while eligibility remains, with review available |
Within the applicable maximum, the court must use the shortest reasonable period that allows the recipient to earn enough for minimum reasonable needs unless a statutory impediment substantially or totally limits that ability.
Amount examples
Use 20% until the calculation reaches $5,000
| Obligor’s average monthly gross | 20% of gross | Most the court may order |
|---|---|---|
| $5,000 | $1,000 | $1,000 |
| $12,000 | $2,400 | $2,400 |
| $25,000 | $5,000 | $5,000 |
| $40,000 | $8,000 | $5,000 |
What the inputs cannot answer
Income and marriage length do not establish maintenance
The eligibility review looks at the property available after divorce and the applicant’s minimum reasonable needs. Education, work skills, age, health, family violence, homemaker contributions, misconduct, and child support may also affect the decision. Contractual alimony created by an agreement follows a different route.
What the result shows
- 20% of the obligor’s monthly gross income
- The fixed $5,000 cap
- Which of those two figures is lower
- The general duration band for the marriage length entered
What requires evidence or agreement
- The applicant’s minimum reasonable needs
- Eligibility under §8.051
- Diligent efforts to earn or develop skills
- Any award below the ceiling
- The terms of contractual alimony
Prepare for the eligibility question
Match each claimed need or limitation to a record
- Support the monthly needs budget with current bills, statements, and realistic housing costs, then compare it with the property likely available after divorce.
- Gather income, education, licenses, work history, job applications, and practical training options.
- If disability is claimed, explain with medical evidence how the condition limits the ability to work.
- Document the time and personal supervision a child’s disability requires and how that affects outside employment.
- Handle court records or other evidence of family violence with legal help and appropriate safety planning.
Questions about this calculation
Frequently asked questions
Does Texas have alimony?
Yes, but Texas calls a court-ordered payment spousal maintenance and limits it to the eligibility paths in Chapter 8. Spouses may also agree to contractual alimony, which is governed by the agreement rather than the same court-award rules.
What is the maximum monthly spousal maintenance in Texas?
The monthly ceiling is the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. That is only the most a court may order; it does not show that the receiving spouse qualifies or that the ceiling will be awarded.
How long can Texas spousal maintenance last?
The general maximum is five years for a marriage of at least 10 but not more than 20 years, seven years for more than 20 but less than 30 years, and ten years for 30 years or more. Qualifying family-violence cases under 10 years also have a five-year maximum. Disability-based paths may continue while eligibility lasts, subject to review.
Does a ten-year marriage guarantee maintenance in Texas?
No. At ten years, a spouse may use the marriage-length path, but still must lack enough property and earning ability to meet minimum reasonable needs. Section 8.053 also creates a rebuttable presumption against maintenance unless the spouse has exercised the required diligence.
When does Texas maintenance terminate?
Future payments end on either spouse’s death or the recipient’s remarriage. After a hearing, a court must also terminate future maintenance if the recipient is living with a dating or romantic partner in a permanent place of abode on a continuing basis.
Is contractual alimony the same as statutory maintenance?
No. Statutory maintenance is awarded under Chapter 8 and carries statutory limits. Contractual alimony comes from the spouses’ settlement, so the wording of the agreement and decree controls the obligation and available remedies.
Texas material cited on this page
Statutes and agency schedules
- Texas Family Code, Chapter 8
Sections 8.051 through 8.056 address who may qualify, how much a court may order, and how long an order may last.