Does Texas have alimony?

Texas has spousal maintenance, but it is much more restrictive than most states. A spouse must prove eligibility under specific criteria — marriage length alone is not sufficient. The recipient must demonstrate they cannot meet minimum reasonable needs.

What qualifies a spouse for maintenance in Texas?

Qualifying criteria: (1) marriage 10+ years and cannot self-support; (2) other spouse convicted of family violence within 2 years; or (3) requesting spouse has a disability preventing self-support. At least one criterion must be met.

Is there a maximum alimony amount in Texas?

Yes. Texas caps maintenance at the lesser of $5,000/month or 20% of the payor's average monthly gross income. The amount also cannot exceed the recipient's minimum reasonable needs.

How long does spousal maintenance last in Texas?

Maximum durations: up to 5 years for 10–20 year marriages; up to 7 years for 20–30 year marriages; up to 10 years for 30+ year marriages. Disability or family violence grounds may yield indefinite support.

Can Texas spouses agree to contractual alimony?

Yes. Texas allows contractual alimony — a voluntary agreement not subject to statutory limits. It is enforced as a contract and cannot be modified by the court unilaterally.

Texas Spousal Maintenance Calculator

Check eligibility and estimate Texas spousal maintenance — capped at $5,000/month or 20% of gross income with strict marriage-length requirements.

Updated April 2026 Texas Family Code Ch. 8 — §8.055 Private — runs in your browser

Payor Gross Income(annual)

Payee Gross Income(annual)

Marriage Length

years

Family Violence Conviction

Payee Disabled or Disabled Child

Texas Spousal Maintenance Eligibility

Likely Eligible

10+ Year MarriageYes

Family ViolenceN/A

Disability BasisN/A

Eligibility established. Switch to the "Estimate Amount" tab to see monthly figures.

Advanced Calculator

Eligibility matrix with all TFC §8.051 exceptions, $5K cap visualization, and duration comparison table.

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Payor Annual Income

Marriage Length

yrs

Family Violence?

Payee Disabled?

Caregiver of Disabled Child?

Eligibility

Eligible

Max Duration

5 yrs

Statutory Basis

10–19 yr marriage: 5-year cap (TFC §8.054(a)(1)(A))

Maximum monthly (TFC §8.055)$2,000

Max annual$24,000

Max total$120,000

20% gross rule$2,000/mo

Scenario	Eligible?	Max Duration	Max Monthly
8-yr marriage, no exception	No	—	—
10-yr marriage, no exception	Yes	5 yrs	$2,000
15-yr marriage, no exception	Yes	5 yrs	$2,000
25-yr marriage, no exception	Yes	7 yrs	$2,000
35-yr marriage, no exception	Yes	10 yrs	$2,000
Any length + DV	Yes	5 yrs	$2,000
Any length + disability	Yes	Indefinite	$2,000

Professional Simulator

Full TFC §8.052 factor analysis, disability/violence exceptions, modification rules, and lifetime projections.

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Payor Annual Income

Payee Annual Income

Payee Min. Earning Capacity

Marriage Length

yrs

Payor Age

yrs

Payee Age

yrs

Family Violence?

Payee Disabled?

Caregiver of Disabled Child?

Monthly Amount

$2,000

20% rule or $5K, whichever lower

Maximum Duration

5 yrs

TFC §8.052 Factor Scores

Marriage duration (§8.052(1))

Payee earning capacity (§8.052(2))

Payor ability (§8.052(5))

Comparative fault (§8.052(9))

Marital misconduct (§8.052(4))

Modification & Termination Rules

Payee remarriesAutomatic terminationTFC §8.056(a)

Payee cohabitates romanticallyPresumptive terminationTFC §8.056(b)

Payor income drops 20%+May petition for reductionTFC §8.057(a)

Payee income increases 20%+May petition for terminationTFC §8.057(a)

End of agreed termAutomatic terminationTFC §8.054

Death of either partyAutomatic terminationTFC §8.056(a)

How Texas Spousal Maintenance Works

Texas is one of the most restrictive states for spousal maintenance. Unlike most states, Texas does not award alimony as a matter of course after long marriages — the requesting spouse must independently qualify based on specific statutory criteria under Texas Family Code §8.051–8.054.

Even when eligible, Texas caps the amount at the lesser of $5,000/month or 20% of the payor's average monthly gross income, and limits duration based on the length of the marriage. There is no "permanent" alimony in Texas (except in disability cases).

Texas Maintenance Eligibility & Formula

Eligibility (at least one required): 1. Married 10+ years AND cannot meet minimum reasonable needs 2. Family violence conviction within 2 years of filing 3. Spouse or child has disability preventing self-support Amount Calculation: Monthly Amount = Lesser of: (a) $5,000/month (statutory cap) (b) 20% × Payor's Average Monthly Gross Income Maximum Duration: Marriage 10–20 years: up to 5 years Marriage 20–30 years: up to 7 years Marriage 30+ years: up to 10 years Disability/Violence: Indefinite (as long as qualifying condition persists)

Note that courts also consider the recipient's "minimum reasonable needs" — the actual amount cannot exceed what is needed to cover basic living expenses, even if the formula would allow more.

Example: 14-Year Texas Marriage

Spousal Maintenance Calculation

Payor annual income$85,000

Payor monthly income$7,083

20% of monthly income$1,417

Statutory cap$5,000

Maintenance amount$1,417/mo (20% applies)

Maximum duration5 years

Total maintenance$85,020

In this example, 20% of monthly gross ($1,417) is well below the $5,000 cap, so the percentage formula governs. The recipient must also demonstrate that $1,417/month is needed to meet minimum living expenses.

Official Sources & Legal References

Frequently Asked Questions

Texas has "spousal maintenance," which is its version of alimony, but it is much more restrictive than in most states. A spouse must prove eligibility under specific statutory criteria — marriage length alone is not sufficient. The receiving spouse must demonstrate they cannot meet their "minimum reasonable needs" from their own assets and income.

To qualify, the requesting spouse must meet at least one of: (1) the marriage lasted 10+ years and the spouse lacks sufficient property to provide for minimum needs and either cannot support themselves through employment or has primary care of a child with a physical/mental disability; (2) the other spouse was convicted of family violence within 2 years; or (3) the requesting spouse has a physical or mental disability preventing self-support.

Yes. Texas law caps spousal maintenance at the lesser of $5,000 per month or 20% of the payor's average monthly gross income. Additionally, the amount cannot exceed what is actually needed to meet the recipient's minimum reasonable needs. This makes Texas one of the lowest-cap states in the country.

Duration maximums in Texas are: up to 5 years for marriages of 10–20 years; up to 7 years for marriages of 20–30 years; up to 10 years for marriages of 30+ years. For disability or family violence grounds, maintenance may last indefinitely as long as the qualifying condition continues. Courts must order the shortest duration reasonably necessary.

Yes. Texas allows "contractual alimony" — a voluntary agreement between divorcing spouses that is not subject to the statutory limits on spousal maintenance. This agreement is enforced as a contract, not a court order, meaning it cannot be modified by the court unless both parties agree. It also has different enforcement mechanisms than court-ordered maintenance.

When to Consult a Texas Family Law Attorney

Consult a licensed Texas attorney if your case involves: determining eligibility under TFC §8.051 when circumstances are borderline (e.g., just under 10 years married); a family violence allegation that may create eligibility; negotiating contractual alimony beyond statutory limits; or modifying or enforcing an existing maintenance order when circumstances have changed.

Texas Spousal Maintenance Calculator

How Texas Spousal Maintenance Works

Texas Maintenance Eligibility & Formula

Example: 14-Year Texas Marriage

Spousal Maintenance Calculation

Frequently Asked Questions

When to Consult a Texas Family Law Attorney

Related Calculators