Texas Alimony Calculator
Estimate spousal support payments under Texas's statutory formula. The state formula applies up to 20% of income, with an income cap of $60,000.
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- Texas court-ordered maintenance is one of the most restrictive in the US.
- Post-2018 TCJA: alimony is not tax-deductible for the payor and not taxable income for the payee (federal).
Texas Alimony Laws
Texas is restrictive on court-ordered spousal maintenance. Under Texas Family Code §8.054-8.055, maintenance is capped at the lesser of $5,000/month or 20% of gross income. Duration is limited by statute based on marriage length. Eligibility is narrow.
Texas is one of the states that uses a statutory formula to calculate spousal support, providing more predictability in alimony outcomes. However, courts retain discretion to deviate from the formula when circumstances warrant it.
How Texas Calculates Spousal Support
Formula: Spousal maintenance is the lesser of 20% of the payor's average monthly gross income or $5,000 per month. Duration: marriages 10-20yr = max 5 years; 20-30yr = max 7 years; 30+yr = max 10 years. Marriages under 10 years generally require family violence for eligibility.
Income cap: $60,000 per year. Income above this cap is subject to court discretion.
Maximum percentage: 20% of the paying spouse's income.
While the formula provides a starting point, courts may adjust the amount based on factors such as the standard of living during the marriage, each spouse's financial resources, contributions to the marriage, and the requesting spouse's ability to become self-supporting.
Types of Alimony Available in Texas
Texas courts may award the following types of spousal support:
- Temporary
- Contractual (agreed)
- Court Ordered Maintenance
The type of alimony awarded depends on the circumstances of the divorce, including the length of the marriage, the financial needs of the requesting spouse, and the purpose the support is intended to serve.
Texas Alimony Duration Guidelines
Statutory maximum durations: 10-20yr marriage = 5 years; 20-30yr = 7 years; 30+yr = 10 years. Must prove inability to earn sufficient income to meet minimum reasonable needs.
Courts may modify the duration of alimony if there is a substantial change in circumstances, such as a significant increase or decrease in income, retirement, remarriage of the recipient spouse, or cohabitation with a new partner.
Frequently Asked Questions: Texas Alimony
How is alimony calculated in Texas?
Texas uses a statutory formula: Spousal maintenance is the lesser of 20% of the payor's average monthly gross income or $5,000 per month. Duration: marriages 10-20yr = max 5 years; 20-30yr = max 7 years; 30+yr = max 10 years. Marriages under 10 years generally require family violence for eligibility. Courts may deviate from the formula based on specific circumstances of the case.
How long does alimony last in Texas?
Statutory maximum durations: 10-20yr marriage = 5 years; 20-30yr = 7 years; 30+yr = 10 years. Must prove inability to earn sufficient income to meet minimum reasonable needs. The actual duration depends on the specific facts of each case, and courts may adjust based on changed circumstances.
Can alimony be modified in Texas?
Yes, in most cases alimony can be modified in Texas if there is a substantial change in circumstances. Common grounds include significant changes in income, job loss, retirement, serious illness, or the recipient spouse becoming self-supporting. Some types of alimony, such as lump-sum awards, may not be modifiable.
Is alimony taxable in Texas?
For divorce agreements executed after December 31, 2018, alimony is not taxable income for the recipient and not tax-deductible for the payer under federal tax law (per the Tax Cuts and Jobs Act). Texas follows federal tax treatment. For pre-2019 agreements that have not been modified, the old rules may still apply.
Does Texas have permanent alimony?
No, Texas does not currently provide permanent alimony. The types of alimony available include: Temporary, Contractual (agreed), Court Ordered Maintenance. Duration is limited based on the length of marriage and other statutory factors.