Updated for 2026 guidelines
Texas Spousal Maintenance Calculator 2026
Texas courts order spousal maintenance, not alimony, and the law makes it hard to get. This tool shows the most a judge could order under section 8.055, not what a court will award.
Reviewed by SupportDecode Editorial Team Page content reviewed Sources Methodology Update log
Estimate the Texas maintenance ceiling
Maximum monthly maintenance the court could order: $1,200.00
The court sets the actual award; this is the statutory formula amount, not a guarantee.
| Line item | Amount |
|---|---|
| 20 percent of the payor average monthly gross incomeTex. Fam. Code ch. 8 (Maintenance; 8.055 cap formula) (Texas Legislature) | $1,200.00 |
| Statutory dollar capThe $5,000 cap does not bind: 20 percent of gross income is lower.Tex. Fam. Code ch. 8 (Maintenance; 8.055 cap formula) (Texas Legislature) | $5,000.00 |
| Maximum monthly maintenance the court may order (lesser of the two)Tex. Fam. Code ch. 8 (Maintenance; 8.055 cap formula) (Texas Legislature) | $1,200.00 |
Duration limits
- Marriage under 10 years with a family-violence conviction, or 10 to 20 years: Maximum 5 years of maintenance.
- Marriage 20 to 30 years: Maximum 7 years of maintenance.
- Marriage 30 or more years: Maximum 10 years of maintenance.
- Incapacitating disability (spouse) or care of a disabled child: Maintenance may continue while the condition persists (8.054(b)).
Tex. Fam. Code 8.054 (as amended by H.B. 2070, eff. 2023-06-09)
Assumptions
- This is the statutory MAXIMUM under Tex. Fam. Code 8.055(a), not a presumed award; the court sets the actual amount (which may be zero) within this ceiling.
- Eligibility under Tex. Fam. Code 8.051 is assumed but not verified by this tool: maintenance generally requires a 10-year marriage with inability to earn sufficient income, a family-violence conviction, or an incapacitating disability (spouse or child).
- Gross monthly income follows the 8.055(a-1) definition, which excludes VA service-connected disability compensation, Social Security/SSI, and workers compensation.
- Maintenance terminates on either party death or the obligee remarriage or cohabitation (Tex. Fam. Code 8.056).
Estimate only. The court or state agency calculation controls.
Texas alimony under Tex. Fam. Code ch. 8 (8.051 eligibility; 8.054 duration; 8.055 amount cap; 8.056 termination), effective 2023-06-09.
How Texas spousal maintenance works
Court-ordered maintenance is the exception in Texas, not the rule. Chapter 8 of the Family Code opens the door only through the gates in section 8.051: a marriage of at least 10 years where the spouse cannot earn enough to meet minimum reasonable needs, a family violence conviction, an incapacitating disability, or caring for a disabled child.
For a spouse who clears a gate, section 8.055(a) puts a hard ceiling on the amount. A Texas court may not order maintenance that requires paying more than the lesser of two numbers: $5,000 a month, or 20 percent of the paying spouse’s average monthly gross income.
That ceiling is not a starting point. The judge sets the actual figure anywhere from zero up to the cap, based on the circumstances of the case. Many qualifying spouses receive well under the maximum.
Gross income has its own definition in section 8.055(a-1). It leaves out VA service-connected disability compensation, Social Security benefits and SSI, and workers’ compensation payments.
Time limits are strict too. Under section 8.054, as amended in 2023 by House Bill 2070, maintenance generally runs at most 5 years after a marriage under 10 years with a family violence conviction or a marriage of 10 to 20 years, at most 7 years after 20 to 30 years, and at most 10 years after 30 years or more. Only disability and disabled-child cases can continue longer, and only while the condition lasts.
The obligation also ends early if either spouse dies, or if the receiving spouse remarries or begins living with a romantic partner (section 8.056).
- Statutory term
- Spousal maintenance, Tex. Fam. Code chapter 8source
- Amount ceiling
- Lesser of $5,000/month or 20% of average monthly gross income (8.055(a))source
- Eligibility gate
- 10-year marriage with insufficient earnings, family violence conviction, or incapacitating disability (8.051)source
- Duration caps
- 5 / 7 / 10 years by marriage length (8.054, amended effective June 9, 2023)source
- Cap formula since
- H.B. 901 (2011), effective September 1, 2011source
How to use this estimate
Enter one number: the paying spouse’s average monthly gross income, figured under the 8.055(a-1) definition. The tool takes 20 percent of it, compares that with $5,000, and shows the lower figure. That lower figure is the most a Texas court could order each month.
Read the result as a ceiling, because that is all section 8.055 provides. A qualifying spouse is not promised the capped amount. The judge decides whether to order maintenance at all and, if so, how much, anywhere at or below the cap.
This tool does not test eligibility. Whether the marriage lasted 10 years, whether earnings fall short of minimum reasonable needs, and whether a disability is incapacitating are questions of proof decided in court under section 8.051.
What this estimate includes
- 20 percent of the average monthly gross income you enter (8.055(a))
- The $5,000 monthly dollar cap and the lesser-of comparison
- The 8.054 duration limits, shown with the result
What it leaves out
- Any eligibility screening under section 8.051
- Support the spouses agree to in a settlement rather than a court order
- A prediction of what a judge will actually order
- Tax treatment of payments
Texas spousal maintenance FAQs
Does Texas have alimony?
The Texas Family Code never uses the word alimony. What a court can order is called spousal maintenance, governed by chapter 8, with strict eligibility rules and hard caps on both amount and length. Spouses may also agree to support terms on their own in a settlement.
How much spousal maintenance can a Texas court order?
No more than the lesser of $5,000 a month or 20 percent of the paying spouse’s average monthly gross income (section 8.055(a)). That number is a ceiling, not an award. The court chooses the actual amount, which can sit far below the cap or at zero.
Who qualifies for maintenance in Texas?
Section 8.051 limits maintenance to a few situations: a marriage of at least 10 years where the spouse seeking support cannot earn enough for minimum reasonable needs, a family violence conviction, an incapacitating physical or mental disability, or custody of a child of the marriage whose disability prevents the spouse from earning enough. Falling outside every gate means no court-ordered maintenance.
How long can Texas maintenance last?
Section 8.054, amended by House Bill 2070 effective June 9, 2023, sets the outer limits: 5 years for a marriage under 10 years with a family violence conviction or a marriage of 10 to 20 years, 7 years for 20 to 30 years, and 10 years for 30 years or more. Maintenance tied to an incapacitating disability, of the spouse or of a child in their care, may continue for as long as the condition persists.
What income counts under the 20 percent formula?
Average monthly gross income as defined in section 8.055(a-1). The definition excludes VA service-connected disability compensation, Social Security benefits and SSI, and workers’ compensation. This is a different definition from the net resources used in Texas child support.
When did the $5,000 cap take effect?
House Bill 901 rebuilt the maintenance chapter in 2011, effective September 1, 2011, and set the current formula: the lesser of $5,000 a month or 20 percent of average monthly gross income. The 2023 amendment changed duration rules, not the amount cap.
Does maintenance end if the receiving spouse remarries?
Yes. Under section 8.056, the obligation ends when either spouse dies, when the receiving spouse remarries, or when the receiving spouse cohabits with a romantic partner.
Good to know in Texas
- Texas filings and orders say maintenance or spousal maintenance. If you searched for a Texas alimony calculator, chapter 8 maintenance is the law that answers.
- The 20 percent branch reads gross income under the special 8.055(a-1) list, not the net resources definition Texas child support uses under chapter 154.
Official sources
Official sources last verified: .
- Tex. Fam. Code ch. 8 (Maintenance; 8.055 cap formula)
Texas Legislature Last checked
- H.B. 901, 82nd Leg., R.S. (2011), enrolled: spousal maintenance overhaul (Fam. Code 8.054, 8.055 cap formula)
Texas Legislature (capitol.texas.gov) Last checked
Reviewed by SupportDecode Editorial Team Page content reviewed Sources Methodology Update log
Changelog: page first published with the 8.055 maintenance cap formula and the 8.054 duration limits. Material changes are dated in the update log.