Texas Alimony Calculator
Texas spousal maintenance has strict eligibility requirements and duration limits.
Wrong alimony expectations can derail your divorce strategy
- •Unrealistic expectations: Waste time and legal fees on impossible claims
- •Missing eligibility: Overlook qualifying conditions that could save/cost you
- •Duration mistakes: Plan finances based on incorrect payment periods
- •Amount errors: Negotiate from wrong baseline figures
Common Texas mistakes:
- •Not understanding Texas's strict eligibility requirements wastes legal fees
- •Expecting support without qualifying conditions leads to disappointment
- •Ignoring property division preference costs negotiation leverage
How Texas Alimony is Calculated
Strict Eligibility Requirements:
- • Marriage duration of 10+ years, OR
- • Family violence conviction within 2 years, OR
- • Incapacitating physical/mental disability, OR
- • Caring for disabled child from marriage
- • PLUS: Lack sufficient property for minimum needs
Amount & Duration Limits:
- • Maximum: $5,000/month OR 20% of income (whichever is less)
- • 10-20 year marriage: Up to 5 years
- • 20-30 year marriage: Up to 7 years
- • 30+ year marriage: Up to 10 years
- • Disability cases: May be indefinite
* This calculator provides estimates based on Texas Family Code guidelines. Actual court orders may vary based on specific circumstances.
What is Texas Spousal Maintenance?
Texas spousal maintenance, also known as alimony, is financial support paid by one spouse to the other during or after divorce proceedings. Unlike many other states, Texas has very restrictive requirements for spousal maintenance, making it one of the most difficult states to obtain alimony.
Key Features
- Strict Eligibility Requirements: Must meet specific statutory conditions under Texas Family Code Section 8.051
- Financial Need Test: Requesting spouse must lack sufficient property to provide for minimum reasonable needs
- Duration Limits: Specific maximum time periods based on marriage length
How It Works
- 1Eligibility Check: Verify you meet at least one of the four qualifying conditions
- 2Financial Assessment: Demonstrate lack of sufficient property for reasonable needs
- 3Amount Calculation: Court determines amount up to statutory maximum
- 4Duration Determination: Set time limit based on marriage length and circumstances
Texas Spousal Maintenance Eligibility Requirements
Two-Step Eligibility Test
To qualify for spousal maintenance in Texas, you must meet BOTH of the following requirements:
Step 1: Insufficient Property
The requesting spouse must lack sufficient property, including the spouse's separate property and the spouse's share of community property, to provide for the spouse's minimum reasonable needs.
Step 2: At Least One Qualifying Condition
The requesting spouse must meet at least one of the four specific conditions listed below.
Four Qualifying Conditions
1Long-Term Marriage
Marriage lasted 10 years or longer AND the spouse seeking maintenance lacks the earning ability to provide for minimum reasonable needs.
2Family Violence
The spouse from whom maintenance is requested was convicted or received deferred adjudication for a family violence offense within two years before the divorce was filed.
3Incapacitating Disability
The spouse seeking maintenance has an incapacitating physical or mental disability that prevents earning sufficient income.
4Disabled Child Care
The spouse seeking maintenance is the custodian of a child of the marriage who requires substantial care due to a physical or mental disability.
Amount and Duration Limits
Maximum Monthly Amount
The lesser of:
- • $5,000 per month, OR
- • 20% of the paying spouse's average gross monthly income
Duration Limits by Marriage Length
- • 10-20 years: Maximum 5 years
- • 20-30 years: Maximum 7 years
- • 30+ years: Maximum 10 years
- • Disability cases: May be indefinite
Court Discretion
Even if you meet all requirements, the court has discretion to award less than the maximum amount or deny maintenance altogether based on the specific circumstances of your case.
Why Texas is Different
Texas
- • Strict eligibility requirements
- • Maximum $5,000/month
- • Limited duration based on marriage length
- • Property division favored over alimony
- • Court discretion to deny even if eligible
California
- • More liberal alimony awards
- • No statutory maximum amount
- • Longer potential duration
- • Considers standard of living during marriage
- • Presumption of support for long marriages
Florida
- • Bridge-the-gap alimony available
- • Rehabilitative alimony common
- • No automatic duration limits
- • Adultery may affect awards
- • Recent reforms limit long-term alimony
Texas Philosophy on Spousal Support
Texas strongly favors property division over ongoing spousal maintenance. The state's approach assumes that each spouse should be financially independent after divorce, with maintenance serving only as a temporary bridge in very specific circumstances where one spouse truly cannot provide for their basic needs.
Real-World Calculation Examples
Example 1: Qualifying Long-Term Marriage
Case Facts:
- • 15-year marriage
- • Requesting spouse has no significant income
- • Paying spouse earns $8,000/month gross
- • Limited community property
Calculation:
- • 20% of $8,000 = $1,600/month
- • Maximum duration: 5 years (marriage 10-20 years)
- • Total potential award: $96,000
Example 2: High-Income Case
Case Facts:
- • 25-year marriage
- • Requesting spouse disabled
- • Paying spouse earns $15,000/month gross
- • Substantial separate property
Calculation:
- • 20% of $15,000 = $3,000
- • BUT statutory cap = $5,000 maximum
- • Award: $3,000/month (lower amount)
- • Duration: Up to 7 years or indefinite due to disability
Important Note
These examples show maximum potential awards under Texas law. Actual court orders may be less than the maximum based on factors such as the requesting spouse's efforts to become self-supporting, available resources, fault in the divorce, and other circumstances specific to each case.
Texas Spousal Maintenance FAQ
Is alimony automatic in Texas divorce?
No, spousal maintenance is not automatically awarded in Texas divorces. The requesting spouse must specifically ask for it and prove they meet strict eligibility requirements under Texas Family Code Section 8.051.
What makes Texas different from other states regarding alimony?
Texas has some of the most restrictive alimony laws in the United States. The state strongly favors property division over ongoing spousal support, and the eligibility requirements are much more stringent than most other states.
Can the court order more than $5,000 per month?
No, Texas Family Code Section 8.055 caps spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income. Courts cannot exceed this statutory maximum.
What happens if my marriage was less than 10 years?
If your marriage was less than 10 years, you can still qualify for spousal maintenance if: (1) your spouse was convicted of family violence within 2 years before filing, (2) you have an incapacitating disability, or (3) you care for a disabled child from the marriage.
How does the court determine if I have "insufficient property"?
The court evaluates whether the property awarded to you in the divorce settlement, combined with your separate property, is sufficient to provide for your minimum reasonable needs. This includes consideration of your living expenses, earning capacity, and financial resources.
Related Resources
Understand the legal framework behind your calculations
Read Law GuideCalculate your other Texas support obligations
Calculate NowReal User Reviews - Texas Alimony Calculator
"I had no idea Texas alimony requirements were so strict. This tool helped me understand the reality - saved me from unrealistic expectations and wasted legal fees."
"25-year marriage with domestic violence conviction. Calculator correctly showed I qualified and estimated $3,000/month - very close to final court order."
"As an attorney, I use this to help clients understand Texas's restrictive alimony laws. The eligibility requirements are explained clearly."
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