Quick answer: Texas limits court-ordered spousal maintenance (Tex. Fam. Code chapter 8). The court may order it only if the spouse seeking it will lack sufficient property, including separate property, on dissolution to provide for minimum reasonable needs and one of these applies: (1) the other spouse was convicted of or received deferred adjudication for family violence against the spouse or the spouse’s child within two years before the suit or while it is pending; (2)(A) the spouse seeking maintenance has an incapacitating physical or mental disability; (2)(B) the spouses were married 10 years or longer and the spouse lacks the ability to earn enough, and has exercised diligence in earning income or developing skills; or (2)(C) the spouse is the custodian of a child of the marriage who needs substantial care because of a disability. The monthly amount cannot exceed the lesser of $5,000 or 20% of the obligor’s average monthly gross income. The duration is limited to 5 years (marriages under 20 years), 7 years (20 to 30 years) or 10 years (30 years or more), and to the shortest reasonable period unless disability or care of a young child prevents earning enough; disability grounds allow maintenance as long as they continue. Maintenance ends on the death of either party, the obligee’s remarriage, or, after a hearing, the obligee’s cohabitation with a dating or romantic partner in a permanent place of abode on a continuing basis.
What this calculator shows
The calculator applies the statutory cap to the shortfall in minimum reasonable needs, checks the eligibility ground and shows the longest duration the statute allows. It does not predict an award. Eligibility is in when Texas allows spousal maintenance, the cap, duration and factors in the cap, duration and factors and termination and modification in termination and modification of maintenance. Texas also allows spouses to agree to contractual alimony outside these limits.
Property, child support and maintenance
Eligibility turns on the property the spouse will have after the division, so the two are decided together. See the Texas property division calculator and the Texas child support calculator.
Spousal maintenance across Texas
The statute applies in every district court that hears divorces, from Houston, San Antonio, Dallas, Austin, Fort Worth or El Paso.
Frequently asked questions
Does Texas have alimony?
Texas allows court-ordered spousal maintenance only on narrow grounds: family violence, disability, a marriage of 10 years or longer with no ability to earn enough, or caring for a disabled child.
How much is spousal maintenance in Texas?
No more than the lesser of $5,000 a month or 20% of the other spouse's average monthly gross income.
How long does Texas spousal maintenance last?
Generally up to 5 years (marriages under 20 years), 7 years (20 to 30 years) or 10 years (30 years or more); disability grounds can continue as long as the disability does.
What ends Texas spousal maintenance?
The death of either party, the recipient's remarriage or, after a hearing, the recipient's cohabitation with a dating or romantic partner.
Does fault matter for Texas spousal maintenance?
Marital misconduct, including adultery and cruel treatment, is a factor in the nature, amount and duration, and family violence is an eligibility ground.