Texas Alimony Calculator

Estimate spousal support (alimony) in Texas. Understand the types of alimony available, how courts calculate amounts, and how long payments may last. Updated for 2026.

Formula-Based

Texas has a partial formula: court-ordered spousal maintenance is capped at the lesser of $5,000/month or 20% of the paying spouse's average gross monthly income (Tex. Fam. Code Section 8.055). The actual amount within that cap is at the court's discretion based on statutory factors.

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Types of Alimony in Texas

Temporary Spousal Support

Court-ordered support during the divorce proceedings. Ends when the divorce is finalized. Governed by general equitable powers of the court. No statutory cap on amount.

Contractual Alimony

Agreed-upon spousal support negotiated between the parties as part of the divorce settlement. Enforceable as a contract. Not subject to the statutory limitations on court-ordered maintenance.

Court-Ordered Spousal Maintenance

Post-divorce maintenance ordered by the court under Tex. Fam. Code Chapter 8. Subject to strict eligibility requirements: requesting spouse must lack sufficient property to provide for minimum reasonable needs AND meet one of these conditions: (1) other spouse convicted of family violence within 2 years, (2) marriage lasted 10+ years and spouse cannot earn sufficient income, (3) requesting spouse has incapacitating disability, or (4) requesting spouse is custodian of a child with a physical or mental disability requiring substantial care. Duration limits: 5 years for family violence or 10-20 year marriage, 7 years for 20-30 year marriage, 10 years for 30+ year marriage, indefinite for disability.

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Factors Texas Courts Consider

When determining whether to award alimony and how much, Texas courts evaluate:

1

Each spouse's ability to provide for their own minimum reasonable needs independently

2

Education and employment skills of the spouses

3

Duration of the marriage

4

Age, employment history, earning ability, and physical and emotional condition of the requesting spouse

5

Effect on each party's ability to provide for their own minimum reasonable needs while providing child support

6

Excessive or abnormal expenditures or destruction/concealment of community property

7

Contribution by one spouse to the education, training, or increased earning power of the other spouse

8

Property brought to the marriage by either spouse

9

Contribution of a spouse as homemaker

10

Marital misconduct (including adultery and cruel treatment) by either spouse

11

History or pattern of family violence

How Long Does Alimony Last?

While there is no universal rule, alimony duration in Texas generally correlates with the length of the marriage:

Marriage LengthTypical Alimony Duration
Under 5 years0-2 years
5-10 years2-5 years
10-20 years5-10 years
20+ yearsIndefinite / Permanent

These are general guidelines. Actual duration depends on the specific facts of your case and the court's discretion.

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When Does Alimony End?

Specified end date: The date set in the alimony order or agreement
Recipient remarries: Alimony typically terminates automatically upon remarriage
Recipient cohabits: Living with a new partner may be grounds for reduction or termination
Paying spouse retires: Retirement (at a reasonable age) may be a basis for modification
Death of either party: Alimony obligations generally end upon the death of either spouse
Recipient becomes self-supporting: If the recipient achieves financial independence before the end date
Court modification: Either party can petition the court for modification based on changed circumstances

Tax Implications of Alimony

Post-2018 Federal Tax Rules

For divorces finalized after December 31, 2018, the Tax Cuts and Jobs Act changed the tax treatment of alimony:

For the Payer

Alimony payments are not deductible from federal taxes.

For the Recipient

Alimony payments are not taxable income for federal taxes.

State tax treatment may differ. Consult a tax professional for advice specific to your situation.

Frequently Asked Questions

How is alimony calculated in Texas?
Texas Texas has a partial formula: court-ordered spousal maintenance is capped at the lesser of $5,000/month or 20% of the paying spouse's average gross monthly income (Tex. Fam. Code Section 8.055). The actual amount within that cap is at the court's discretion based on statutory factors.. However, the court retains discretion to deviate from the formula based on the specific circumstances of the case.
What types of alimony are available in Texas?
Texas offers several types of alimony: Temporary Spousal Support, Contractual Alimony, Court-Ordered Spousal Maintenance. The type awarded depends on the circumstances of your marriage and divorce.
How long does alimony last in Texas?
Alimony duration in Texas depends on the type awarded and the length of the marriage. Rehabilitative alimony may last 1-5 years, while permanent alimony can continue indefinitely. As a general rule, shorter marriages receive shorter alimony periods. Alimony typically ends upon the recipient's remarriage or either party's death.
Can alimony be modified in Texas?
In most cases, yes. Alimony can be modified when there is a substantial change in circumstances, such as a significant change in either party's income, the recipient's remarriage or cohabitation, or a change in health. Lump-sum alimony generally cannot be modified.
Is alimony taxable in Texas?
For divorces finalized after December 31, 2018, alimony payments are no longer deductible by the payer or taxable income for the recipient under federal law (per the Tax Cuts and Jobs Act). State tax treatment may vary. Consult a tax professional for your specific situation.

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