Texas does not use a statewide formula to calculate the final amount of post-divorce spousal maintenance. The court first decides whether the spouse requesting maintenance qualifies. It then considers the factors listed in Texas Family Code § 8.052 and sets an amount that follows the law.

The court cannot order more than the lesser of:

• $5,000 per month; or
• 20% of the paying spouse’s average monthly gross income.

For example, if the paying spouse’s average gross income is $12,000 per month, 20% is $2,400. The statutory maximum would be $2,400 per month, not $5,000. A judge could order less or no maintenance at all.

The Texas Family Code’s maintenance limits explain the cap and what counts as gross income.

Yes, but Texas law uses the term “spousal maintenance” for support a court orders after divorce. People often call it alimony or spousal support, which is why all three terms are commonly used.

Court-ordered spousal maintenance is different from contractual alimony. Contractual alimony is support the spouses agree to as part of their divorce settlement. Because the legal and enforcement rules can differ, it is important to know which type of support is being discussed.

Under Texas Family Code § 8.051, the spouse requesting maintenance generally must lack enough property after divorce to meet their minimum reasonable needs. One of these circumstances must also apply:

• The other spouse was convicted of or received deferred adjudication for a qualifying family violence offense committed during the marriage within two years before the divorce was filed or while the divorce was pending.
• The requesting spouse cannot earn enough to meet their minimum reasonable needs because of an incapacitating physical or mental disability.
• The marriage lasted at least 10 years, and the requesting spouse cannot earn enough to meet their minimum reasonable needs.
• The requesting spouse cares for a child of the marriage whose physical or mental disability requires substantial care and supervision that prevents the spouse from earning enough.

For the 10-year earning-ability route, Texas law generally presumes maintenance is not warranted unless the requesting spouse shows diligent efforts to earn enough or develop the skills needed to do so while the spouses were separated and the divorce was pending.

Qualifying does not guarantee an award. The court must still decide whether maintenance should be ordered.

Ten years is required for one common path to maintenance: when a spouse lacks the ability to earn enough income to meet their minimum reasonable needs. But a 10-year marriage is not required when eligibility is based on qualifying family violence, the requesting spouse’s incapacitating disability or the care needs of a child of the marriage with a qualifying disability.

Even after a 10-year marriage, maintenance is not automatic. The spouse requesting it must satisfy the other legal requirements.

Texas courts generally must order maintenance for the shortest reasonable period that allows the receiving spouse to earn enough to meet their minimum reasonable needs. The usual maximums under Texas Family Code § 8.054 are:

• Less than 10 years: Up to 5 years when eligibility is based on qualifying family violence
• At least 10 years but less than 20 years: Up to 5 years
• At least 20 years but less than 30 years: Up to 7 years
• 30 years or longer: Up to 10 years

Maintenance may continue longer when the receiving spouse cannot earn enough because of an incapacitating disability, duties as the caregiver of a child of the marriage with a disability, or another compelling impediment. The court may review whether those circumstances still exist.

The statutory cap uses the paying spouse’s average monthly gross income. Under Texas Family Code § 8.055, gross income includes:

• Wages, salary, commissions, overtime, tips and bonuses
• Interest, dividends and royalties
• Self-employment income
• Net rental income
• Severance pay
• Retirement benefits, pensions, trust income and annuities
• Capital gains and unemployment benefits
• Gifts, prizes, maintenance and alimony received

It does not include return of principal or capital, accounts receivable, certain public-assistance benefits, TANF benefits, foster-care payments, VA service-connected disability compensation, Supplemental Security Income, Social Security benefits, disability benefits or workers’ compensation benefits.

Income may be harder to determine when someone owns a business, receives irregular compensation or has several income sources.

Sometimes. A court may modify a maintenance order when there has been a material and substantial change in circumstances. Past-due maintenance that accrued before notice of the modification request generally cannot be reduced, so acting promptly can matter.

Court-ordered maintenance generally ends when the payment period expires, either former spouse dies or the receiving spouse remarries. A court may also end maintenance after a hearing if the receiving spouse lives with a romantic partner on a continuing basis in a permanent place of abode. Contractual alimony may follow the terms of the spouses’ agreement instead.

This calculator accurately applies Texas’s general statutory maximum using the income entered: the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income. It cannot determine whether a spouse qualifies or predict the amount a judge will order because Texas has no formula for the final award.

Use the result to prepare a budget and identify questions to discuss during a Texas divorce. If income is disputed, self-employment is involved or you are unsure whether an eligibility rule applies, an attorney can review the details that the calculator cannot measure.