Alimony · Texas · Caps or time limits
Alimony in Texas
Texas allows court-ordered spousal maintenance only when the requesting spouse will lack enough property to meet minimum reasonable needs and meets a statutory eligibility test (such as a marriage of 10 years or more, a disability, or family violence). The statute caps the monthly amount and limits how long maintenance can last based on the length of the marriage.[1]
Key facts: maintenance in Texas
| How the law sets it | Caps or time limits[1] |
|---|---|
| Key rule | Lesser of $5,000/mo or 20% of the payer’s average monthly gross income[1] |
| Law last checked | October 26, 2026 |
The key limit
Lesser of $5,000/mo or 20% of the payer’s average monthly gross income[1]
Texas law sets limits but no formula for the amount, so there's nothing to calculate: the court decides within them.
From the official text
What Texas law says about maintenance
Plain-English summaries of Texas’s statute and court rules as of the date shown on each, with the quoted text. Not legal advice: laws change and courts apply them case by case.
The statute
Tex. Fam. Code ch. 8, §§ 8.051–8.055
The main maintenance statute: the court weighs 11 listed factors.[1]
Tex. Fam. Code ch. 8, §§ 8.051–8.055 · checked October 26, 2026
Show statute text
“the court may order maintenance for either spouse only if the spouse seeking maintenance will lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs and:”
Amount cap
Lesser of $5,000/mo or 20% of the payer’s average monthly gross income
A maintenance order may not require the paying spouse to pay more each month than $5,000 or 20 percent of that spouse’s average monthly gross income, whichever is less.[1]
Tex. Fam. Code § 8.055(a) · checked October 26, 2026
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“A court may not order maintenance that requires an obligor to pay monthly more than the lesser of: (1) $5,000; or (2) 20 percent of the spouse's average monthly gross income.”
How long it lasts
At most 5 to 10 years, longer for longer marriages
Except for disability-based maintenance, an order may last no more than 5 years for a marriage of 10 to 20 years (or a shorter marriage where eligibility rests on family violence), 7 years for a marriage of 20 to 30 years, and 10 years for a marriage of 30 years or more; the court must also keep it to the shortest reasonable period.[1]
Tex. Fam. Code § 8.054(a) · checked October 26, 2026
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“(B) seven years after the date of the order, if the spouses were married to each other for at least 20 years but not more than 30 years; or (C) 10 years after the date of the order, if the spouses were married to each other for 30 years or more;”
When it applies
Marriage of 10+ years (or disability / family violence)
Apart from family violence or disability grounds, a spouse qualifies only after a marriage of 10 years or longer and when unable to earn enough to meet minimum reasonable needs.[1]
Tex. Fam. Code § 8.051(2)(B) · checked October 26, 2026
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“(B) has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for the spouse's minimum reasonable needs; or”
When it ends
Ends on death of either party or the recipient’s remarriage
The duty to pay future maintenance ends when either party dies or the recipient remarries.[1]
Tex. Fam. Code § 8.056(a) · checked October 26, 2026
Show statute text
“The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.”
Divorce in Texas: waiting period, residency and property rules →
Questions about alimony in Texas
Is there an alimony calculator for Texas?
No. Texas law doesn't set alimony by formula: texas allows court-ordered spousal maintenance only when the requesting spouse will lack enough property to meet minimum reasonable needs and meets a statutory eligibility test (such as a marriage of 10 years or more, a disability, or family violence). The statute caps the monthly amount and limits how long maintenance can last based on the length of the marriage. — Tex. Fam. Code ch. 8, §§ 8.051–8.055[1]
How long does alimony last in Texas?
Except for disability-based maintenance, an order may last no more than 5 years for a marriage of 10 to 20 years (or a shorter marriage where eligibility rests on family violence), 7 years for a marriage of 20 to 30 years, and 10 years for a marriage of 30 years or more; the court must also keep it to the shortest reasonable period. — Tex. Fam. Code § 8.054(a)[1]
Is there a limit on alimony in Texas?
A maintenance order may not require the paying spouse to pay more each month than $5,000 or 20 percent of that spouse’s average monthly gross income, whichever is less. — Tex. Fam. Code § 8.055(a)[1]
When does alimony end in Texas?
The duty to pay future maintenance ends when either party dies or the recipient remarries. — Tex. Fam. Code § 8.056(a)[1]
States with an alimony formula
Not legal advice. MediationList is a directory of court-listed mediators, not a law firm, and doesn’t endorse any mediator. Summaries follow the official text as of the date checked; courts apply it case by case.
Sources
Texas’s statute and court rules, read on the official site, with the date we checked each.