In Texas, alimony — also called spousal support or spousal maintenance — is determined at the court's discretion after weighing the length of the marriage, each spouse's income and earning capacity, and the standard of living established during the marriage; there is no single mandatory formula. Our calculator applies common advisory benchmarks to provide a planning estimate for Texas spousal support.
Texas alimony is awarded following a divorce or legal separation when one spouse has significantly lower income or earning capacity than the other. Unlike child support, which is calculated under a mandatory statutory formula (Tex. Fam. Code §154), alimony in Texas is not determined by a single mandatory formula. Instead, Texas courts weigh a range of statutory factors to determine whether alimony is appropriate and, if so, the amount and duration most equitable given the facts of the case.
Because alimony decisions in Texas are highly fact-specific and subject to judicial discretion, the estimates provided here should be treated as a starting point for planning and negotiation, not as a prediction of what a court will actually order. Actual awards can differ substantially based on your judge, the specific facts of your case, and any negotiated agreements reached in mediation. Always consult a licensed family law attorney in Texas before making financial decisions based on any alimony estimate.
Texas has the most restrictive spousal maintenance law of the big states (Family Code Chapter 8). To qualify, the marriage generally must have lasted 10+ years AND the requesting spouse must lack ability to earn sufficient income — OR there was a family-violence conviction/deferred adjudication within 2 years of filing, or the spouse (or a child in their care) has a disabling condition.
| Category | Details |
|---|---|
| Formula / Method | Hard statutory CAP: maintenance cannot exceed the LESSER of $5,000/month or 20% of the payor's average gross monthly income. |
| Duration | Capped by marriage length: up to 5 years (10–20 year marriage, or violence cases), 7 years (20–30 years), 10 years (30+ years). Disability cases can extend as long as the condition lasts. |
| Fault | Adultery and cruelty can be considered in setting amount/duration but eligibility gates come first. |
| Modification | Modifiable downward on changed circumstances; ends at remarriage or cohabitation with a romantic partner. |
| Factor | Typical Impact on Award |
|---|---|
| Length of marriage | High — marriages under 10 years rarely result in permanent alimony |
| Income and earning capacity disparity | High — primary driver of amount; larger gap = larger award |
| Standard of living during marriage | High — courts try to preserve it for the lower-earning spouse |
| Non-economic contributions (homemaking) | Moderate — compensates career sacrifices during marriage |
| Age and health of each spouse | Moderate — poor health or older age limits ability to become self-supporting |
| Marital misconduct / fault | Varies — Texas law determines whether fault is a permissible factor |
| Time to become self-supporting | Moderate — affects duration; education or training shortens it |