Under Texas Family Code Chapter 8 (Sec. 8.051 – 8.057)
Income Information
Please enter a valid positive number
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Marriage Details
Marriage less than 10 years?
Marriage 30+ years?
Is recipient custodial parent? ℹ️Per Mehta v. Mehta (2025): For disabled child requiring care, child support is not deducted from recipient's needs.
Texas-Specific Factors
Family violence involved?
Fault-based divorce?
Needs and Resources
Earning Capacity
Recipient Sacrificed Career for Marriage?
Recipient has disability? (including disabled child requiring care - Mehta v. Mehta 2025)
Duration Factors
Maintain marital standard of living?
Significant separate property?
Important Legal Note: This calculator incorporates Texas Family Code Chapter 8 (Sec. 8.051 to 8.057) and 2025 case law updates: Mehta v. Mehta (child support & expenses), Begala v. Begala (mandatory termination upon cohabitation), In re Marriage of M. (contractual alimony). Estimates are 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. Not legal advice. Consult a licensed Texas family law attorney.
Texas Maintenance Case Laws
Mehta v. Mehta (2025) – Texas Supreme Court
Interpretation of Texas Family Code §8.052
Child Support & Needs: The Court held that child support is presumed spent on the child, not the parent. When a custodial parent has a disabled child requiring care, child support should NOT be deducted from the parent's reasonable needs when determining maintenance eligibility and amount.
Begala v. Begala (2025) – Dallas Court of Appeals
Texas Family Code §8.056
Cohabitation Termination Mandatory: Established that cohabitation with a new partner in a "conjugal relationship" triggers mandatory termination of court-ordered maintenance, regardless of financial interdependence. Shared residence and romantic relationship suffice.
In re Marriage of M. (2025) – 14th District Court of Appeals
Contractual vs. Court-Ordered Maintenance
Contractual Alimony: Contractual alimony is enforced as a private contract, not under Texas Family Code Chapter 8. Courts cannot add statutory termination conditions (e.g., remarriage, cohabitation) unless the contract explicitly includes them.
O'Carolan v. Hopper (1999)
Texas Supreme Court, 71 S.W.3d 529
Established that trial courts have broad discretion in determining spousal maintenance awards based on the specific facts of each case.
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. The court found that the payor's retirement at age 67 constituted a substantial and continuing change in circumstances justifying modification.
Modifying Maintenance in Texas
Texas law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Grounds for Modification
Under Texas Family Code, maintenance can be modified for:
A material and substantial change in circumstances
Remarriage of the recipient spouse
Payor's retirement at a reasonable age
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Under Begala v. Begala (2025): Cohabitation in a conjugal relationship triggers mandatory termination
Modification Process
File a Petition: Submit a Petition for Modification to the court that issued the original order.
Serve Notice: Legally notify the other party using certified mail or a process server.
Gather Evidence: Collect documentation supporting the change (tax returns, pay stubs, medical records).
Mediation: Many Texas courts require mediation before a hearing.
Court Hearing: If unresolved, present evidence to the court for a decision.
Important Considerations
Modifications are not retroactive - they only apply from the filing date forward.
Never stop paying maintenance without court approval - you risk contempt charges.
Texas requires a "material and substantial" change in circumstances.
Retirement modifications typically require the payer to be at least 65 years old.
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
Texas Spousal Maintenance FAQs
What are the eligibility requirements for spousal support in Texas?
In Texas, a spouse may be eligible for maintenance if:
The paying spouse was convicted of family violence within 2 years of filing
The marriage lasted 10+ years and the requesting spouse lacks sufficient property and earning ability
The requesting spouse has a disability that prevents self-support
The requesting spouse is the custodian of a disabled child requiring substantial care
Important 2025 Update: In Mehta v. Mehta (2025), the Texas Supreme Court clarified that proving "lack of sufficient property" can be supported by both detailed budgets and credible qualitative testimony about expenses and earning capacity. Courts must also account for child-related expenses when child support is considered as part of income.
Texas Family Code §8.051
What is the maximum amount of spousal support in Texas?
Texas law caps spousal maintenance at the lesser of:
$5,000 per month, or
20% of the paying spouse's average monthly gross income
Contractual Alimony Exception: Note that these statutory caps apply only to court-ordered maintenance under Chapter 8 of the Texas Family Code. Parties can agree to contractual alimony in amounts that exceed these statutory limits, which is then enforced as a contract rather than court-ordered maintenance.
Texas Family Code §8.055
How long does spousal support last in Texas?
The duration of spousal maintenance in Texas depends on the circumstances:
5 years: For marriages lasting 10-20 years
7 years: For marriages lasting 20-30 years
10 years: For marriages lasting 30+ years
Longer period: For cases involving family violence or disability
Contractual Alimony Exception: As with the amount caps, these duration limits apply only to court-ordered maintenance. Contractual alimony agreements can specify different durations that are not subject to these statutory limits.
Texas Family Code §8.054
Can spousal support be modified in Texas?
Yes, but the rules differ depending on the type of support:
Court-Ordered Maintenance: Texas courts may modify orders if there's a material and substantial change in circumstances that was not anticipated when the original order was made. Modification can address amount, duration, or termination of 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.
2025 Legal Update: The case In re Marriage of M. (2025) reinforced that contractual alimony is enforced as a contract, not under the strict Chapter 8 rules, and cannot have statutory termination or modification conditions added by courts.
Texas Family Code §8.057
Does cohabitation affect spousal support in Texas?
The effect of cohabitation depends on the type of support:
Court-Ordered Maintenance: Under Begala v. Begala (2025), Texas law provides for mandatory termination if the receiving spouse cohabitates with another person in a continuing, conjugal (romantic) relationship. Shared residence and romantic relationship are sufficient proof.
Contractual Alimony: Termination upon cohabitation only occurs if the written agreement specifically includes this provision. Courts cannot add this termination condition to private contracts.
2025 Legal Clarification: Begala v. Begala (2025) confirmed that cohabitation means living with another person in a continuing, conjugal relationship. For contractual alimony, In re Marriage of M. (2025) confirmed courts cannot impose this condition unless it's in the contract.
Texas Family Code §8.056 | Begala v. Begala (2025)
Are maintenance payments taxable in Texas?
Federal tax (2025 update): Under the Tax Cuts and Jobs Act of 2017, maintenance payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.
Texas tax: Follows federal treatment - no deduction for payor or income for recipient for post-2018 agreements.
Key considerations:
Pre-2019 agreements may have different tax treatment
Child support payments are never deductible
Property settlements have different tax treatment
IRC §71, Tax Cuts and Jobs Act of 2017
What's the difference between maintenance and alimony in Texas?
Texas law distinguishes between these concepts:
Court-Ordered Maintenance (Texas Family Code Chapter 8):
Ordered by a judge based on statutory eligibility factors
Subject to statutory caps ($5,000 or 20% of income, whichever is less)
Subject to statutory duration limits (5, 7, or 10 years based on marriage length)
Automatically terminates upon remarriage or cohabitation (Begala v. Begala 2025)
Contractual Alimony/Spousal Support:
Agreed upon by the parties in a written contract
Not subject to statutory caps or duration limits
Enforced as a contract, not under Chapter 8 rules
Only terminates according to contract terms (courts can't add conditions)
2025 Update:In re Marriage of M. (2025) reinforced that contractual alimony is a separate legal creature from court-ordered maintenance, with different rules for enforcement, modification, and termination.
Texas Family Code §8.001 et seq.
How does retirement affect maintenance in Texas?
Retirement impacts Texas maintenance cases:
Payor may petition to modify/terminate at retirement age
Court considers whether retirement is reasonable
Recipient's needs still considered
Early retirement may not be considered reasonable
Key factors courts consider:
Age of parties
Health status
Financial resources
Type of maintenance awarded
Texas Family Code §8.057
How do county differences affect maintenance in Texas?
Texas counties may handle maintenance cases differently:
Urban Counties (Harris, Dallas): Typically higher maintenance amounts