Calculation
Massachusetts: Massachusetts has statutory alimony categories and statutory limits for general term alimony. The amount of alimony generally should not exceed the recipient's need or 30% to 35% of the difference between the parties' gross incomes. Courts still consider statutory factors and may deviate where appropriate. Texas: 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.
Duration
Massachusetts: For general term alimony, Massachusetts uses statutory duration limits based on marriage length. For marriages of 5 years or less, alimony generally may not exceed 50% of the number of months of the marriage. For marriages over 5 and up to 10 years, the limit is generally 60%. For marriages over 10 and up to 15 years, the limit is generally 70%. For marriages over 15 and up to 20 years, the limit is generally 80%. For marriages over 20 years, alimony may continue indefinitely, subject to statutory termination, modification, retirement, and other rules. 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.
Modification
Massachusetts: Most alimony awards may be modified upon a material change in circumstances unless the parties validly agree otherwise. Retirement, significant income changes, or other substantial developments may justify modification under the statute. Texas: A maintenance order may be modified upon a material and substantial change in circumstances affecting either party. Any modified award remains subject to Texas statutory caps and limitations.