Under Texas Family Code Chapter 8 (Sec. 8.051–8.057) — Updated 2025
Use this free Texas spousal maintenance calculator to estimate support under Texas Family Code Chapter 8 (Sec. 8.051–8.057). Whether your divorce is filed in Harris County (Houston), Dallas County, Travis County (Austin), Bexar County (San Antonio), Tarrant County (Fort Worth), or any other Texas county, this tool applies the relevant statutory eligibility criteria and the most recent case law: Mehta v. Mehta (2025) on disabled-child custodial parent needs, Begala v. Begala (2025) on mandatory termination upon conjugal cohabitation, and In re Marriage of M. (2025) on contractual alimony. Court-ordered maintenance is capped at $5,000/month or 20% of gross income, whichever is less. Contractual alimony is not subject to these caps. Always consult a licensed Texas family law attorney for advice specific to your case.
Income Information
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Marriage Details
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Marriage less than 10 years? ℹ️Texas requires 10+ years of marriage for standard maintenance eligibility under §8.051, unless family violence or disability applies.
Marriage 30+ years? ℹ️Marriages of 30+ years qualify for the maximum 10-year duration cap under Texas Family Code §8.054.
Is recipient custodial parent? ℹ️Per Mehta v. Mehta (2025): for disabled child requiring substantial care, child support is NOT deducted from the custodial parent's reasonable needs when determining maintenance eligibility and amount.
Texas-Specific Factors
Family violence involved? ℹ️Under §8.051(a)(1), if the paying spouse was convicted of or received deferred adjudication for family violence within 2 years of filing, the requesting spouse is eligible for maintenance regardless of marriage length or property.
Texas Family Violence Eligibility (§8.051(a)(1)):
Conviction or deferred adjudication within 2 years of filing creates automatic eligibility
May support up to 10 years of maintenance regardless of marriage length
+20% amount multiplier applied in this calculator
Requesting spouse still must demonstrate need and reasonable expenses
Fault-based divorce? ℹ️Texas fault grounds (adultery, cruelty) are considered under §8.052(9). Fault can affect maintenance amount but is not the primary eligibility factor — need and ability to pay remain paramount.
Texas Fault Considerations (§8.052(9)):
Adultery: Statutory factor; may affect amount or duration
Cruelty: Physical or mental, considered in maintenance award
Fault is one of many factors; need and ability to pay remain primary
Fault does not bypass the statutory cap for court-ordered maintenance
Needs & Resources
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Enter age 18–100
Earning Capacity
Enter 0–50 years
Recipient sacrificed career for marriage? ℹ️Considered under §8.052(3). Includes relocating for spouse's job, leaving workforce for child-rearing, or supporting spouse's education.
Recipient has disability or cares for disabled child? ℹ️Mehta v. Mehta (2025): When a custodial parent cares for a disabled child requiring substantial care, child support is not deducted from the parent's reasonable needs. Personal disability also qualifies under §8.051(a)(3).
Duration Factors
Maintain marital standard of living? ℹ️Texas §8.052(8) requires courts to consider the standard of living during the marriage. Particularly relevant in long marriages where the recipient has not been employed.
Significant separate property? ℹ️Under §8.051, a recipient with sufficient separate property may not be eligible for maintenance. Courts consider both community and separate assets post-division.
Enter 0–50 years
Enter age 18–100
Important Legal Note: This calculator incorporates Texas Family Code Chapter 8 (Sec. 8.051–8.057) and 2025 case law: Mehta v. Mehta (child support & needs), Begala v. Begala (mandatory termination upon conjugal cohabitation), In re Marriage of M. (contractual alimony not subject to Chapter 8 caps). Court-ordered maintenance is capped at $5,000/month or 20% of payor’s gross income. Contractual alimony is not subject to these caps. Estimates only — not legal advice.
Texas Spousal Maintenance Calculation Results
Maintenance Type Determination
Recommended Maintenance Type:
Monthly Maintenance Amount
Guideline Amount:
Duration of Maintenance
Recommended Duration:
Judicial Considerations
Likely Range:
Key Factors:
Disclaimer: Estimates only based on Texas Family Code Chapter 8 and 2025 case law. Court-ordered maintenance is capped at $5,000/month or 20% of payor’s gross income. Contractual alimony is not subject to these caps. Not legal advice. Consult a licensed Texas family law attorney.
Texas Maintenance Case Law
Child Support & Needs — Disabled Child Custodial Parent
Mehta v. Mehta (2025) — Texas Supreme Court | Interpretation of Texas Family Code §8.052
The Texas Supreme Court held that child support is presumed spent on the child, not the parent. When a custodial parent has a disabled child requiring substantial care, child support should not be deducted from the parent’s reasonable needs when determining maintenance eligibility and amount. The court also clarified that courts may accept both detailed budgets and credible qualitative testimony when proving lack of sufficient property or reasonable expenses under §8.051.
Cohabitation Triggers Mandatory Termination of Court-Ordered Maintenance
Begala v. Begala (2025) — Dallas Court of Appeals | Texas Family Code §8.056
The Dallas Court of Appeals established that cohabitation with a new partner in a continuing, conjugal relationship triggers mandatory termination of court-ordered maintenance, regardless of financial interdependence. Shared residence and a romantic relationship are sufficient proof. This ruling does not apply to contractual alimony unless the written agreement specifically includes a cohabitation termination provision.
Contractual Alimony Enforced as Private Contract — Not Subject to Chapter 8
In re Marriage of M. (2025) — 14th District Court of Appeals | Contractual vs. Court-Ordered Maintenance
The 14th District Court of Appeals held that contractual alimony is enforced as a private contract, not under Texas Family Code Chapter 8. Courts cannot add statutory termination conditions (remarriage, cohabitation) to a private contract unless explicitly included. This means contractual alimony can exceed the $5,000/20% statutory caps and may have different termination provisions than court-ordered maintenance.
Established that trial courts have broad discretion in determining spousal maintenance awards based on the specific facts of each case. The court must weigh all factors under §8.052, and an appellate court will not disturb the award unless the trial court clearly abused its discretion.
Retirement as Substantial Change in Circumstances
Smith v. Smith (2011) — Texas Court of Appeals, 954 N.E.2d 502
The Court of Appeals affirmed a modification of maintenance based on the payor’s retirement at age 67. The court found that retirement at a reasonable age constitutes a material and substantial change in circumstances justifying modification, particularly when the payor’s income was significantly reduced.
Modifying Maintenance in Texas
Texas law allows for modification of court-ordered maintenance under certain circumstances. The rules differ significantly between court-ordered maintenance and contractual alimony.
1. Modifiability by Maintenance Type
Court-Ordered Maintenance (Chapter 8): Modifiable upon a material and substantial change in circumstances not anticipated when the original order was made. Courts may modify amount, duration, or terminate support.
Contractual Alimony: Can only be modified according to the terms specified within the contract itself. Courts cannot add statutory modification provisions to private contracts (In re Marriage of M., 2025).
Temporary Maintenance: Ends automatically upon entry of the final divorce decree; no post-divorce modification available.
2. Grounds for Modification (Court-Ordered)
Material and Substantial Change: A significant change in circumstances not anticipated at the time of the original order (§8.057).
Remarriage of Recipient: Automatically terminates court-ordered maintenance.
Conjugal Cohabitation: Under Begala v. Begala (2025), mandatory termination when recipient cohabits in a continuing romantic relationship.
Payor’s Retirement: Typically requires payor to be at least 65 years old. Smith v. Smith (2011) confirms retirement at 67 is a substantial change in circumstances.
Recipient’s Improved Earning Capacity: Completion of education, job promotion, or significantly improved income.
Disability or Health Issues: New or worsening medical condition affecting either party’s financial situation.
3. Step-by-Step Modification Process
Step 1 – Document the Change: Gather evidence: pay stubs, tax returns, medical records, retirement notices, documentation of cohabitation.
Step 2 – File a Petition: Submit a Petition for Modification to the court that issued the original order.
Step 3 – Serve Notice: Legally notify the other party via certified mail or process server.
Step 4 – Mediation: Many Texas courts require mediation before a hearing. Strongly recommended to attempt settlement.
Step 5 – Court Hearing: Present evidence to the judge. Burden of proof is on the party seeking modification.
4. Critical Warnings
Modifications are not retroactive: They apply from the filing date forward only.
Never stop paying without a court order: Risk of contempt charges, arrears, and wage garnishment.
SB 286 — SDU Payments: If you pay both child support and maintenance, both must be routed through the Texas State Disbursement Unit (SDU).
Texas Family Code §8.057 | Begala v. Begala (2025) | In re Marriage of M. (2025) | Smith v. Smith (2011)
Texas Spousal Maintenance FAQs (Updated 2025)
What are the eligibility requirements for spousal support in Texas?
Under Texas Family Code §8.051, a spouse may be eligible for maintenance if:
The paying spouse was convicted of or received deferred adjudication for family violence within 2 years of filing
The marriage lasted 10+ years and the requesting spouse lacks sufficient property and earning ability to meet minimum reasonable needs
The requesting spouse has a physical or mental disability that prevents self-support
The requesting spouse is the custodian of a disabled child requiring substantial care that prevents employment
2025 Update — Mehta v. Mehta: The Texas Supreme Court clarified that courts must account for child-related expenses separately from the custodial parent’s personal needs. Both detailed budgets and credible qualitative testimony are acceptable to prove expenses and earning capacity.
Texas Family Code §8.051; Mehta v. Mehta (2025)
What is the maximum amount of spousal support in Texas?
For court-ordered maintenance, Texas law caps support at the lesser of:
$5,000 per month, or
20% of the paying spouse’s average monthly gross income
Contractual Alimony Exception: These statutory caps apply only to court-ordered maintenance under Chapter 8. Parties can agree to contractual alimony in amounts exceeding these limits, which is enforced as a private contract rather than under Chapter 8 rules.
2025 Update — In re Marriage of M.: Contractual alimony is a separate legal instrument. Courts cannot reduce or cap contractual amounts to meet Chapter 8 limits.
Texas Family Code §8.055; In re Marriage of M. (2025)
How long does spousal support last in Texas?
For court-ordered maintenance, duration depends on the circumstances:
5 years: Marriages lasting 10–20 years
7 years: Marriages lasting 20–30 years
10 years: Marriages lasting 30+ years
Up to 10 years: Cases involving family violence or disability (regardless of marriage length)
Contractual Alimony Exception: Duration limits apply only to court-ordered maintenance. Contractual alimony agreements can specify any duration the parties agree upon (In re Marriage of M., 2025).
Texas Family Code §8.054; In re Marriage of M. (2025)
Can spousal support be modified in Texas?
The rules differ by maintenance type:
Court-Ordered Maintenance: Modifiable if there’s a material and substantial change in circumstances not anticipated when the original order was made (§8.057).
Contractual Alimony: Can only be modified according to the contract terms. Courts cannot add statutory modification provisions to private contracts (In re Marriage of M., 2025).
Texas Family Code §8.057; In re Marriage of M. (2025)
Does cohabitation affect spousal support in Texas?
The effect depends on the type of support:
Court-Ordered Maintenance: Under Begala v. Begala (2025), cohabitation with another person in a continuing, conjugal relationship triggers mandatory termination. Shared residence and a romantic relationship are sufficient proof. Financial interdependence is not required.
Contractual Alimony: Termination upon cohabitation only occurs if the written agreement specifically includes this provision. Courts cannot add this condition to private contracts (In re Marriage of M., 2025).
Important: Never stop paying on your own assumption of cohabitation — file a petition with the court to trigger the mandatory termination process.
Texas Family Code §8.056; Begala v. Begala (2025)
Are maintenance payments taxable in Texas?
Federal Tax (Current Law): Under the Tax Cuts and Jobs Act of 2017, for divorce agreements executed after December 31, 2018:
Maintenance payments are NOT deductible for the payor
Maintenance received is NOT taxable income for the recipient
Child support payments are never deductible or taxable regardless
Pre-2019 agreements may have different tax treatment. Property settlements have separate tax considerations. Consult a tax professional.
IRC §71; Tax Cuts and Jobs Act of 2017
What’s the difference between court-ordered maintenance and contractual alimony in Texas?
Court-Ordered Maintenance (Texas Family Code Chapter 8):
Ordered by a judge based on statutory eligibility under §8.051
Subject to the $5,000/20% cap (§8.055)
Subject to statutory duration limits (§8.054)
Automatically terminates on remarriage or conjugal cohabitation (Begala v. Begala, 2025)
Modifiable upon material and substantial change in circumstances (§8.057)
Contractual Alimony (Private Agreement):
Agreed upon by parties in a written contract
Not subject to Chapter 8 caps or duration limits
Enforced as a contract; courts cannot add statutory conditions
Only terminates according to contract terms (In re Marriage of M., 2025)
Can only be modified according to contract terms
Texas Family Code §8.001 et seq.; In re Marriage of M. (2025)
How does retirement affect maintenance in Texas?
Payor may petition to modify or terminate court-ordered maintenance upon retirement
Courts consider whether retirement is voluntary and reasonable
Smith v. Smith (2011): Retirement at age 67 confirmed as a material and substantial change justifying modification
Early retirement may not be considered reasonable unless health-related
Recipient’s continued needs are still weighed against payor’s reduced income
Social Security and pension income are considered in the post-retirement ability-to-pay analysis
Texas Family Code §8.057; Smith v. Smith (2011)
What is SB 286 and how does it affect maintenance payments?
Under Texas SB 286, if a payor is ordered to pay both child support and spousal maintenance, both payments must be routed through the Texas State Disbursement Unit (SDU). This ensures accurate recordkeeping and enforcement. Payments sent directly to the other party may not be credited properly. All payors should verify their payment routing with their attorney or the court clerk.