Barton & Associates · Free Texas Alimony Tool
Texas Spousal Maintenance (Alimony) Calculator
Wondering how much alimony you might pay or receive in a Texas divorce?
Our free Texas spousal maintenance calculator applies the exact statutory
formula from Texas Family Code § 8.055 to calculate the maximum monthly
amount a court can order, and § 8.054 to calculate the maximum duration
based on your marriage length. Whether you're in San Antonio, Austin,
Corpus Christi, or anywhere in Bexar County or Texas, this calculator
gives you the numbers courts actually use.
Free to use
Texas Family Code compliant
No email needed
60 seconds
Important: This calculator shows the statutory
maximum a Texas court can order under Chapter 8 of the Texas
Family Code — not a prediction of what a judge will actually award. Texas
courts start with a rebuttable presumption against awarding
maintenance (§ 8.053), and can order less than the maximum or
nothing at all. The only way to get a realistic estimate for your specific
case is a consultation with a Texas family law attorney.
How the Texas Alimony Calculator Works
Texas is one of the most restrictive states in the country for spousal
maintenance. Unlike most states, the Texas Family Code provides a
specific statutory formula for both the maximum amount and maximum
duration of court-ordered alimony.
01
Check Eligibility (§ 8.051)
First, we confirm you meet Texas eligibility requirements. You must
show inability to meet minimum reasonable needs from your own
property PLUS fit one of four categories: 10-year marriage with
inability to earn enough, family violence, incapacitating disability,
or caring for a disabled child of the marriage.
02
Calculate Maximum Amount (§ 8.055)
The statutory maximum is the lesser of $5,000 per month OR
20% of the paying spouse's average monthly gross income. This
is an absolute ceiling — courts cannot order more, even in
high-income divorces where both spouses agree more is appropriate.
03
Calculate Maximum Duration (§ 8.054)
Duration is capped by marriage length: 5 years max for marriages of
10–20 years, 7 years for 20–30 years, 10 years for 30+ years. Family
violence cases get up to 5 years regardless of marriage length.
Disability cases can extend as long as the disability continues.
Texas Spousal Maintenance Duration Limits at a Glance
Texas Family Code § 8.054 sets hard limits on how long court-ordered
spousal maintenance can last, based on marriage length. These limits are
maximums — courts are required to order the "shortest reasonable period"
that lets the receiving spouse become self-supporting.
| Marriage Length |
Maximum Duration |
Basis |
Typical Notes |
| Under 10 years |
5 years |
Family violence only |
Marriages under 10 years don't qualify unless there was family violence, disability, or disabled child care. |
| 10 – 20 years |
5 years |
Any eligibility basis |
Most common tier. Courts usually order shorter periods tied to the time needed to retrain or re-enter the workforce. |
| 20 – 30 years |
7 years |
Any eligibility basis |
Longer-term marriages where earning-capacity gaps are often more severe and harder to close. |
| 30+ years |
10 years |
Any eligibility basis |
Longest possible court-ordered duration. Often applies to retirement-age homemakers with little independent earning history. |
| Any length |
Indefinite |
Disability or disabled child care |
For as long as the disability continues. Reviewed periodically under § 8.057. |
Texas Spousal Maintenance Law — What Every Divorcing Texan Should Know
Texas alimony law is fundamentally different from most states. Texas
didn't even allow court-ordered post-divorce alimony until 1995, and even
today courts start with a legal presumption AGAINST awarding it. These
rules dramatically shape what your case is really worth — whether you're
in San Antonio, Austin, Corpus Christi, or a smaller Texas county.
Rebuttable Presumption Against Maintenance (§ 8.053)
Texas courts begin with the presumption that maintenance is NOT
warranted. The spouse seeking maintenance must affirmatively prove
they exercised diligence in earning income or developing skills to
meet their minimum reasonable needs. Without that showing, the
presumption defeats the claim.
The $5,000 / 20% Cap (§ 8.055)
Court-ordered maintenance cannot exceed the lesser of $5,000/month
or 20% of the paying spouse's average gross monthly income. This
cap applies regardless of lifestyle, income, or need. The $5,000
ceiling has not been raised since the statute was modernized in
2011 despite significant inflation.
10-Year Marriage Rule
Most eligibility paths require a 10-year marriage. If you were
married fewer than 10 years, you can only qualify through the
family-violence, disability, or disabled-child-care provisions.
This alone disqualifies most short-marriage divorce claims.
Minimum Reasonable Needs (Not Lifestyle)
Texas law looks at "minimum reasonable needs" — not the standard
of living during the marriage. This is a conservative figure
covering housing, food, utilities, basic transportation, and health
insurance — not luxury items, vacations, or the lifestyle the
spouse enjoyed while married.
Contractual Alimony Is Different
Spouses can agree to alimony amounts and durations that exceed the
statutory limits via contractual alimony — a
negotiated agreement in the divorce decree. Contractual alimony is
common in high-asset Texas divorces and is enforced as contract
law, not under Chapter 8 enforcement provisions.
Termination Events (§ 8.056)
Maintenance automatically terminates on the death of either spouse
or remarriage of the recipient. It can also be terminated if the
recipient cohabitates with a romantic partner on a continuing
basis — but only after a court hearing and finding.
Post-2018 Tax Treatment Changed
For divorces finalized after December 31, 2018, the Tax Cuts and
Jobs Act changed the rules: the paying spouse can no longer deduct
maintenance, and the receiving spouse doesn't report it as taxable
income. This significantly affects negotiation leverage.
Enforcement Includes Income Withholding
Under § 8.101, Texas maintenance orders can be enforced through
mandatory income withholding — the employer is required to deduct
payments directly from the payer's paycheck, just like child
support. Missed payments can also trigger contempt proceedings.
San Antonio & Bexar County Spousal Maintenance
Barton & Associates has represented divorcing spouses across
San Antonio, Bexar County, Comal County, Guadalupe County, Kendall
County, and surrounding Central Texas communities for years.
Spousal maintenance cases in Bexar County family courts follow the same
Chapter 8 statutory framework as the rest of Texas, but local judges and
magistrates have distinct tendencies on evidence, diligence
documentation, and how they weigh the § 8.052 factors.
Cases are typically filed at the Bexar County Courthouse, 100
Dolorosa, San Antonio, TX 78205, and heard in one of the Bexar
County District Courts with family law jurisdiction. Associate judges
handle many of the preliminary and temporary-orders matters, while
contested final maintenance questions typically go before the elected
district judge in the assigned court.
Whether you're a stay-at-home parent from the Stone Oak area, a military
spouse stationed at Lackland AFB, Fort Sam Houston, or Joint Base
San Antonio, a professional earning significant income in the Medical
Center, or a business owner with complex community property in the Pearl
or Southtown, the spousal maintenance analysis starts with the same
four-part statutory framework but the evidence required to
succeed varies enormously. Our San Antonio divorce attorneys handle both
sides — petitioners seeking maintenance and respondents defending
against excessive or unwarranted claims.
Common San Antonio spousal maintenance scenarios we handle:
military service-connected disability cases, long-term homemaker
divorces after 20–30 year marriages, high-asset divorces where
contractual alimony is more useful than statutory maintenance, divorces
involving family businesses where income calculations are disputed,
modification proceedings where a former spouse's circumstances have
changed, and enforcement actions against non-paying ex-spouses.
Texas Spousal Maintenance & Alimony — Frequently Asked Questions
How is alimony calculated in Texas?
Texas court-ordered alimony (called "spousal maintenance" in the Texas
Family Code) is calculated using a statutory formula, not a
multi-factor balancing test like many states use. Under Texas Family
Code § 8.055, the maximum monthly amount is the lesser of
$5,000 or 20% of the paying spouse's average monthly gross
income. The duration is calculated separately under § 8.054
based on marriage length: 5 years max for marriages of 10–20 years,
7 years for 20–30 years, and 10 years for 30+ years. This calculator
applies both formulas together to show your statutory maximum.
How long does alimony last in Texas?
The maximum duration of court-ordered spousal maintenance in Texas
depends on marriage length under § 8.054: 5 years for marriages of
10–20 years, 7 years for marriages of 20–30 years, and 10 years for
marriages of 30 years or more. Family violence cases can get up to
5 years regardless of marriage length. Disability and disabled-child
cases can extend indefinitely as long as the disability continues.
Courts are required to order the shortest reasonable period that lets
the receiving spouse become self-supporting — so the maximum is rarely
awarded in full.
Do I qualify for spousal maintenance in Texas?
To qualify for court-ordered maintenance under Texas Family Code §
8.051, you must first show that you will lack sufficient property
(including your separate property) at divorce to meet your minimum
reasonable needs. THEN you must fit one of four categories: (1) the
paying spouse was convicted or deferred for family violence within 2
years before filing or during the case, (2) the marriage lasted 10+
years and you lack the ability to earn enough to meet minimum
reasonable needs, (3) you have an incapacitating physical or mental
disability, or (4) you're the custodian of a disabled child of the
marriage whose needs prevent you from working. Meeting just one is not
enough — you need both the property/needs test AND one of the four
bases.
What is the maximum alimony in Texas?
The maximum court-ordered spousal maintenance in Texas is
$5,000 per month or 20% of the paying spouse's average gross
monthly income, whichever is LESS. This means a spouse earning
$10,000/month would be capped at $2,000/month (20% rule), while a
spouse earning $40,000/month would be capped at $5,000/month (the hard
dollar ceiling). Courts cannot order more than this, regardless of
lifestyle, need, or marriage length. Spouses can agree to higher
amounts through contractual alimony negotiated as
part of the divorce decree.
What's the difference between alimony and spousal maintenance in Texas?
In everyday conversation, "alimony" and "spousal maintenance" mean the
same thing. In Texas law, though, there are three related but distinct
concepts: (1) Spousal maintenance is court-ordered
post-divorce payment under Texas Family Code Chapter 8, subject to the
statutory caps and duration limits. (2) Contractual alimony
is a negotiated agreement in the divorce decree that can exceed the
statutory limits and is enforced as contract law. (3) Temporary
spousal support is short-term support ordered during the
divorce case while it's pending, not governed by Chapter 8. Most people
say "alimony" when they mean any of these.
Can I get alimony if my marriage was less than 10 years?
Yes, but only under limited circumstances. For marriages under 10
years, court-ordered spousal maintenance is only available if (a) the
paying spouse was convicted of or received deferred adjudication for
family violence within 2 years before filing or during the case, (b)
the spouse seeking maintenance has an incapacitating disability, or
(c) the spouse is the custodian of a disabled child of the marriage.
The 10-year-marriage-plus-inability-to-earn path specifically requires
a 10-year marriage. Couples married less than 10 years without one of
those three factors cannot get court-ordered maintenance — though they
can still negotiate contractual alimony.
Does Texas have a formula for alimony?
Texas has a formula for the maximum allowed, but not
for what a court will actually award. The formula under §
8.055 caps the amount at the lesser of $5,000/month or 20% of gross.
The actual award is based on the § 8.052 factors (financial resources,
education, employment skills, marriage length, contributions to the
marriage, age, health, etc.) and is usually LESS than the maximum.
Texas courts start with a rebuttable presumption that no maintenance
is warranted (§ 8.053), and the requesting spouse must affirmatively
prove otherwise. Unlike child support, there's no official percentage
table courts must follow.
Is alimony taxable in Texas?
For divorces finalized on or after January 1, 2019, the Tax Cuts and
Jobs Act changed federal tax treatment: the paying spouse
cannot deduct alimony payments on their federal taxes, and the
receiving spouse doesn't report them as taxable income. This
changed decades of prior practice and significantly affected
negotiation leverage — paying spouses effectively pay alimony with
after-tax dollars now. Texas has no state income tax, so there's no
state-level issue. For divorces finalized before 2019, the older
deduct/include rules still apply.
Can spousal maintenance be modified in Texas?
Yes. Under Texas Family Code § 8.057, either party can file a motion
to modify court-ordered spousal maintenance if there's been a material
and substantial change in circumstances. Common grounds include job
loss, disability, significant income changes (up or down), remarriage
of the recipient (which actually terminates — see § 8.056), or
cohabitation with a romantic partner. The court can increase, decrease,
or terminate the award. Contractual alimony, by contrast, generally
cannot be modified by a court unless the agreement itself allows it.
What income counts for the Texas alimony calculation?
Under Texas Family Code § 8.055, "gross income" for calculating the
20% cap includes nearly all regular earnings: wages, salary, tips,
commissions, overtime, bonuses, self-employment income, rental income,
retirement benefits, interest, dividends, and trust income. It does
NOT include Social Security retirement benefits, VA disability
benefits, workers' compensation, or certain other protected payments.
For self-employed spouses or business owners, calculating "average
monthly gross income" often becomes a major contested issue requiring
forensic accounting.
What if my spouse committed family violence?
Texas Family Code § 8.051(1) provides an independent eligibility path
for spouses who were victims of family violence by the paying spouse.
The paying spouse must have been convicted of or received deferred
adjudication for a criminal offense that also constitutes an act of
family violence, committed during the marriage against the other
spouse or the other spouse's child, and the offense must have occurred
within 2 years before the divorce filing or while the divorce case is
pending. This path does NOT require a 10-year marriage, making it the
primary eligibility route for shorter marriages.
How much does a San Antonio divorce lawyer cost?
San Antonio divorce attorneys typically charge hourly rates ranging
from $250 to $500+ per hour, with retainers typically $3,500–$10,000+
for contested divorces. Uncontested divorces handled on a flat fee
basis are significantly less — often $1,500–$3,500 total. Contested
divorces involving spousal maintenance, complex assets, or custody
disputes can reach $25,000–$100,000+ total fees. Barton &
Associates offers free consultations to help you understand the likely
scope and cost of your case before committing.
Is my information from this calculator saved or shared?
No. All calculations happen entirely in your browser. We don't save,
transmit, or track any of the numbers you enter. Nothing is sent to
our office unless you choose to schedule a consultation through one of
the contact buttons.
Get a real answer from a real Texas family law attorney
A calculator can show you the statutory maximums. Only an experienced
Texas divorce attorney can analyze your actual eligibility, project what
a Bexar County judge is likely to order in your specific case, and
advise whether contractual alimony might get you a better outcome than
court-ordered maintenance. Free consultation, no pressure.
This Texas spousal maintenance calculator is an educational tool only. It
shows the statutory maximums under Texas Family Code Chapter 8 (§§ 8.051,
8.054, 8.055) — not a prediction of what any specific judge will order.
Texas courts begin with a rebuttable presumption that maintenance is not
warranted (§ 8.053) and apply the § 8.052 factors to determine actual
awards, which are typically less than the statutory maximum. This
calculator is not legal advice, does not create an attorney-client
relationship, and does not address contractual alimony, temporary spousal
support during divorce, or tax planning. For an accurate analysis of your
specific Texas divorce situation, consult with a licensed Texas family law
attorney. Barton & Associates, Attorneys at Law, PLLC · 115 Camaron
St, San Antonio, TX 78205 · Serving San Antonio, Austin, Corpus Christi,
and all of Bexar County, Comal County, Guadalupe County, and Kendall
County.
