Texas spousal maintenance Calculator

Temporary support may be awarded during the divorce proceeding under the court's equitable powers. Post-divorce spousal maintenance is governed by Chapter 8 of the Texas Family Code and is available only when specific statutory eligibility requirements are met. In Texas, spousal maintenance is designed to address financial disparity between spouses after divorce. A spouse generally must lack sufficient property after divorce to provide for minimum reasonable needs and satisfy at least one statutory ground. Common grounds include a marriage lasting 10 years or more combined with inability to earn sufficient income, a disabling condition, caregiving responsibilities for a disabled child, or recent family violence by the other spouse. The spouse seeking maintenance bears the burden of proving eligibility.

Texas is a strict limited-eligibility maintenance state. Court-ordered spousal maintenance is not automatic and is available only if the requesting spouse lacks sufficient property to meet minimum reasonable needs and satisfies a statutory eligibility ground. Texas has no formula for the actual award amount, but it has a hard statutory maximum of the lesser of $5,000 per month or 20% of payer gross monthly income. The calculator uses gross income for this planning estimate. Planning approach: Conservative educational estimate based on minimum reasonable need and ability to pay, capped at the lesser of $5,000 per month or 20% of payer gross monthly income. Texas does not use a percentage formula to determine the actual amount of court-ordered maintenance. The 20% figure is a statutory ceiling, not a presumptive award. Courts may order less than the cap and must consider minimum reasonable needs, the payer's ability to pay, employment skills, education, marriage length, age, health, marital misconduct, family violence, contributions as homemaker, property division, and efforts to become self-supporting. Contractual alimony agreed to by the spouses is different from court-ordered Chapter 8 maintenance and may follow different terms.

Because Texas uses community property rules, property division under Texas Family Code Chapter 8 (§§ 8.001-8.305) may reduce ongoing spousal maintenance need. Strict threshold requirement that the spouse lack sufficient property to meet minimum reasonable needs.

Marriage duration shapes both amount and length of support in Texas. For marriages approaching or exceeding 10 years, courts examine whether the requesting spouse can meet minimum reasonable needs through employment or property division. Rehabilitation remains a central objective. Duration guidelines: Texas generally requires maintenance to last only for the shortest reasonable period that allows the recipient to earn enough income to meet minimum reasonable needs. Maximum duration is generally 5 years for family-violence eligibility cases or marriages of at least 10 but less than 20 years, 7 years for marriages of at least 20 but less than 30 years, and 10 years for marriages of 30 years or more. Maintenance based on the recipient's disability or care of a disabled child may continue as long as the qualifying condition continues, subject to review.

Texas Family Code § 8.051 establishes threshold eligibility requirements before maintenance may be awarded. Texas Family Code § 8.055 caps maintenance at the lesser of $5,000 monthly or 20% of average monthly gross income.

Most Texas divorces settle before trial. Use this estimate to prepare for mediation and compare proposed settlement amounts against TX statutory factors.

How long spousal maintenance lasts in Texas: Texas generally requires maintenance to last only for the shortest reasonable period that allows the recipient to earn enough income to meet minimum reasonable needs. Maximum duration is generally 5 years for family-violence eligibility cases or marriages of at least 10 but less than 20 years, 7 years for marriages of at least 20 but less than 30 years, and 10 years for marriages of 30 years or more. Maintenance based on the recipient's disability or care of a disabled child may continue as long as the qualifying condition continues, subject to review.

Short-term marriages: Most short marriages do not qualify for post-divorce maintenance unless a disability, family violence finding, or another statutory exception applies. Income differences alone are usually insufficient. Typical range: 0-10 years.

Mid-length marriages: For marriages approaching or exceeding 10 years, courts examine whether the requesting spouse can meet minimum reasonable needs through employment or property division. Rehabilitation remains a central objective. Typical range: 10-20 years.

Long-term marriages: Longer marriages may support longer maintenance periods when statutory eligibility is established. Even then, Texas law favors limited-duration awards rather than indefinite support in most cases. Typical range: 20 years to statutory maximum duration.

Termination in Texas: Maintenance terminates upon the death of either party or the remarriage of the recipient. Courts must also terminate maintenance if the recipient is found to be cohabiting in a qualifying dating or romantic relationship on a continuing basis.

Texas judges apply Texas Family Code Chapter 8 (§§ 8.001-8.305) and weigh multiple factors when setting spousal maintenance. Texas uses the term spousal maintenance for court-ordered post-divorce support and imposes some of the nation's strictest eligibility requirements. Unlike many states, support is not presumed based solely on income disparity, and a spouse must first satisfy statutory eligibility thresholds before a court considers amount and duration.

Income and earning capacity: Texas courts evaluate each spouse's ability to provide for minimum reasonable needs independently. The calculator reflects income disparity through this planning approach: Conservative educational estimate based on minimum reasonable need and ability to pay, capped at the lesser of $5,000 per month or 20% of payer gross monthly income.

Marriage duration: For marriages approaching or exceeding 10 years, courts examine whether the requesting spouse can meet minimum reasonable needs through employment or property division. Rehabilitation remains a central objective.

Standard of living and health: Texas courts consider education and employment skills affecting future earning capacity. Texas courts review the duration of the marriage and contributions made during the relationship.

Property and regional factors: Strict threshold requirement that the spouse lack sufficient property to meet minimum reasonable needs. Statutory cap of the lesser of $5,000 per month or 20% of gross monthly income. Family violence findings may create eligibility even in shorter marriages. Texas distinguishes court-ordered maintenance from privately negotiated contractual alimony.

Modification standard: A maintenance order may be modified upon a material and substantial change in circumstances affecting either party.