Texas Spousal Maintenance Calculator

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If you are facing divorce in Texas, questions about spousal maintenance can weigh heavily. You may be worried about covering your basic needs once the marriage ends, or about how much you could be ordered to pay. A clear estimate is a reasonable place to begin.

Texas does not treat spousal maintenance as automatic. Whether it applies, how much it is, and how long it lasts all depend on the facts of your marriage, the financial circumstances of both spouses, and the standards set out in the Texas Family Code.

At Cutrer Law Group, board-certified family law specialist Anita K. Cutrer and our team focus on protecting what matters most to you. This calculator is built to offer a general informational estimate only. It is not a prediction of what a court will decide in your case.

You deserve a legal team that is as invested in your future as you are.

Estimate Potential Spousal Maintenance in Texas

This calculator may take the following into account:

the gross monthly income of the spouse seeking support
the gross monthly income of the other spouse
the length of the marriage
whether either spouse has a disability
whether one spouse is the primary caregiver of a child with substantial special needs
whether family violence may affect eligibility
estimated minimum monthly living expenses
existing support-related financial obligations

Step 1 — Marriage & Eligibility

Length of Marriage In years (e.g., 12.5)

Please enter the length of the marriage.

Your Role in This Calculation Who are you calculating for?

Does a Family Violence Exception Apply? A conviction or deferred adjudication for family violence — waives the 10-year requirement (§ 8.051)

No Yes

Does a Disability Exception Apply? Incapacitating physical or mental disability of the receiving spouse, or caring for a disabled child — may allow indefinite maintenance

No Yes

Step 2 — Paying Spouse’s Income & Obligations

Paying Spouse’s Average Monthly Gross Income Before taxes. Include wages, self-employment net, interest, dividends, royalties, net rental income. Exclude VA/SS/workers’ comp/disability benefits.

Please enter a valid gross monthly income amount.

Existing Child Support Obligations Optional — deducted from ability to pay

Mandatory Payroll Deductions Optional — taxes, Medicare, etc.

Step 3 — Key Qualifying Factors

Receiving Spouse’s Ability to Meet Minimum Reasonable Needs Can the receiving spouse cover basic living expenses from property/income awarded in the divorce?

Marital Misconduct by Paying Spouse? Adultery, cruel treatment, or other fault grounds — courts may consider this in determining amount and duration

No Yes Unsure

Your Estimate Results

Statutory Monthly Cap

—

Maximum Duration

—

20% of Gross Income

—

Tex. Fam. Code § 8.055 — one of two cap tests

Estimated Total Exposure

—

Cap × maximum duration months

How the Statutory Cap Was Calculated

Paying Spouse’s Gross Monthly Income

Minus: Mandatory Deductions

Minus: Child Support Obligations

20% Cap Test (20% of Gross Income)

$5,000 Statutory Hard Cap (§ 8.055) $5,000.00/mo

Statutory Maximum (Lesser of Two Tests)

⚠️ This Is a Cap — Not a Guaranteed Award

This calculator reflects the statutory maximum a court may order under Texas Family Code § 8.055. Texas law creates a rebuttable presumption against awarding maintenance (§ 8.053). The actual amount awarded — if any — is determined by judicial discretion based on your specific financial circumstances, the receiving spouse’s ability to meet minimum reasonable needs, and a range of statutory factors. Courts are required to award only the minimum necessary for the shortest reasonable period.

The cap shown above may be significantly reduced by the court, or maintenance may be denied entirely. Additionally, Contractual Alimony agreed upon in a private settlement is not restricted by these statutory caps.

Understanding your cap is only the first step. A Cutrer Law attorney can evaluate your full eligibility picture and protect your financial future.

Schedule a Consultation

This tool is for general informational purposes only and does not constitute legal advice. Results are estimates based on Texas Family Code Chapter 8 statutory caps and do not account for all judicial factors. No attorney-client relationship is formed by use of this calculator. © 2026 Cutrer Law Group. All rights reserved.

How Spousal Maintenance Works in Texas

Texas does not use the broad, formula-based alimony system that some other states rely on. Here, the first question is whether a spouse may qualify for spousal maintenance at all.

That question usually starts with whether the spouse seeking support will lack sufficient property after the divorce to provide for minimum reasonable needs. If that threshold is met, the court may then look at a range of factors, including the length of the marriage, the financial resources of both parties, employment history, education, health, and caregiving obligations. An experienced family law attorney can help present the financial evidence and legal arguments that support or oppose a request for spousal maintenance.

Support issues often overlap with property division, especially when one spouse is concerned about post-divorce cash flow, access to liquid assets, or long-term financial stability. We approach both together, with a clear strategy built around your goals.

Who May Qualify for Spousal Maintenance in Texas

Eligibility for spousal maintenance is limited under Texas law. A spouse may be in a stronger position to request maintenance when:

the marriage lasted at least ten years and the spouse seeking maintenance cannot meet minimum reasonable needs
the paying spouse was convicted of, or received deferred adjudication for, family violence within the legally relevant time period
the spouse seeking maintenance has a physical or mental disability that prevents earning sufficient income
the spouse seeking maintenance is the caregiver of a child of the marriage whose substantial care and supervision affects earning capacity

These cases are highly fact-specific. The calculator can only provide a general range based on limited inputs.

Maximum Amount of Maintenance in Texas

If maintenance is awarded, Texas Family Code Chapter 8 generally limits the amount to the lesser of:

$5,000 per month, or
20 percent of the paying spouse’s average gross monthly income

That statutory cap is not an automatic award. It is simply the upper limit the court may consider under the law. The actual amount, if any, depends on the facts of your case.

How Long Spousal Maintenance May Last

Texas also places limits on duration. Depending on the legal basis for the award and the length of the marriage, support may last for a limited number of years. In some cases, a shorter-term award applies. In others, a longer period may be available, particularly when disability or another continuing circumstance is involved.

As a general rule, Texas courts expect maintenance to last only as long as reasonably necessary for the receiving spouse to meet minimum reasonable needs, unless the law supports a longer duration.

What This Calculator Can and Cannot Tell You

This tool may help you understand whether your situation appears to fall within a possible statutory framework. It cannot tell you:

whether a court will find that you qualify
whether a court will view your expenses as reasonable
how property division may affect the support analysis
whether the other spouse will contest eligibility
whether a negotiated resolution through mediation may produce a different outcome

Whenever possible, we discuss settlement and mediation before litigation. In many Texas family law matters, a carefully structured agreement gives both parties more clarity and more control than leaving every issue for a court to decide. When an agreement is not possible, Cutrer Law Group is ready to advocate for you at trial.

Texas Alimony Calculation Examples

These examples show how the Texas spousal maintenance cap may work in different situations. They are simplified illustrations only and do not determine whether maintenance will be awarded.

Example 1

Need Gap Controls the Estimate

Paying Spouse Income $10,000/mo

↓

20% of Income $2,000/mo

↓

Need Gap $1,500/mo

Estimated Maintenance Ceiling: $1,500/mo

Even though 20% of the paying spouse’s income is $2,000, the stated need gap is only $1,500. In this simplified example, the lower number controls the estimate.

Example 2

20% Cap Controls the Estimate

Paying Spouse Income $15,000/mo

↓

20% of Income $3,000/mo

↓

Need Gap $4,200/mo

Estimated Maintenance Ceiling: $3,000/mo

Here, the requesting spouse’s need gap is higher than 20% of the paying spouse’s income. In this simplified example, the 20% cap limits the estimate.

Example 3

$5,000 Statutory Cap Controls

Paying Spouse Income $40,000/mo

↓

20% of Income $8,000/mo

↓

Need Gap $7,000/mo

↓

Texas Monthly Cap $5,000/mo

Estimated Maintenance Ceiling: $5,000/mo

Even when 20% of income is higher, Texas court-ordered spousal maintenance is generally capped at $5,000 per month. In this simplified example, the statutory cap limits the estimate.

Important: These examples do not decide eligibility. In Texas, spousal maintenance depends on threshold requirements, minimum reasonable needs, marriage length, disability, caregiving responsibilities, family violence factors, property division, and the full financial record.

Frequently Asked Questions

Is alimony the same as spousal maintenance in Texas?

Many people use the word “alimony” casually, but in Texas the legal concept is usually SPOUSAL MAINTENANCE. The rules are narrower than they are in many other states.

Does Texas use a standard alimony formula?

Not in the broad sense. Texas law focuses on eligibility, statutory caps, and case-specific facts rather than a simple formula that predicts an outcome.

Can spouses agree to support in mediation?

Yes. In some cases, spouses resolve support issues through mediation or settlement rather than asking the court to decide every detail. That can provide more flexibility, depending on the circumstances.

Can spousal maintenance be modified?

In some situations, yes. Whether a modification is available depends on the language of the order, the type of support at issue, and whether the legal standard for modification is met.

The Path Forward

We understand there is a lot at stake right now.

If you are trying to understand whether spousal maintenance may become part of your divorce, the next step is a careful legal review of your financial picture, your goals, and the protections available under Texas law. We work to put you in the best possible position, with negotiation and mediation considered first and litigation used when necessary.

We focus on protecting what matters most to you.

Call our Main office at (817) 854-1651 to schedule your strategy session, or fill out the contact form to start the process.