Texas Alimony & Spousal Support (2026)
Texas has no formula for the amount of alimony — that is fully up to the judge. But state law does set a fixed limit on how long alimony can last, described below.
How long alimony can last
Texas caps the AMOUNT of spousal maintenance (not just duration) by statute: a court may not order maintenance requiring the paying spouse to pay more than the lesser of $5,000 per month or 20% of that spouse's average monthly gross income.
Duration is tiered by marriage length: up to 5 years for marriages under 20 years, up to 7 years for marriages of 20-30 years, and up to 10 years for marriages of 30 years or longer. In limited cases — disability of the spouse or a disabled child in that spouse's care — maintenance can continue as long as the eligibility condition exists.
What determines alimony in Texas
Under Tex. Fam. Code §§ 8.051, 8.054, 8.055 (Texas Family Code Chapter 8 (Spousal Maintenance)), a court considers:
- Each spouse's ability to provide for their own minimum reasonable needs
- Education and employment skills of the spouses
- Duration of the marriage
- Age, employment history, earning ability, and physical/emotional condition of the spouse seeking maintenance
- Effect on each spouse's ability to provide for their needs while providing for children in their custody
- Marital misconduct
- Contribution as a homemaker
- Property brought to the marriage by either spouse
Good to know
- Texas spousal maintenance is genuinely hard to qualify for in the first place: the requesting spouse generally must have been married 10+ years and lack the ability to meet their own minimum reasonable needs, or show a family-violence conviction/deferred adjudication within 2 years of filing (or while the case is pending), or show incapacity. Many divorcing spouses in Texas are not eligible for maintenance at all under these thresholds.
- The $5,000/20% cap and the duration tiers ARE fixed by statute, which is unusual — but because eligibility itself is so restrictive, Texas alimony works differently in practice than states where more couples qualify.
Also need a child support estimate?
Alimony and child support are calculated completely separately in Texas. If you also have children, use our free Texas child support calculator — that one does compute a real number, based on the official guideline formula.
Frequently asked questions
Is there a cap on Texas spousal maintenance?
Yes — Texas is unusual in that even the AMOUNT is capped by statute: a court cannot order more than the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income.
How long does spousal maintenance last in Texas?
Duration is capped by marriage length: up to 5 years for marriages under 20 years, up to 7 years for marriages of 20-30 years, and up to 10 years for marriages of 30+ years. Maintenance tied to a disability can continue as long as that condition exists.
Who qualifies for spousal maintenance in Texas?
Eligibility is narrow. Generally you need to have been married 10 years or more and be unable to meet your own minimum reasonable needs, or show the other spouse has a recent family-violence conviction, or show incapacity (yours or a disabled child's). Many Texas divorces don't meet these thresholds at all.
Source: Texas Family Code Chapter 8 (Spousal Maintenance) · Last verified 2026-07-22
Disclaimer: This page explains the general legal framework for alimony in Texas and is for informational purposes only — it is not legal advice and does not predict the outcome of any specific case. Laws change; always verify with the official source above or a family law attorney licensed in Texas before making decisions.