Texas determines spousal support through a multi-factor statutory analysis under Texas Family Code §8.051–§8.059. Understand how the court evaluates eligibility, amount, and duration in your case.
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Spousal support in Texas is determined by a statutory multi-factor analysis under Texas Family Code §8.051–§8.059. The court weighs the following factors to arrive at a fair support amount and duration. Unlike the temporary formula, there is no mathematical calculation for permanent support — it is a discretionary determination by the judge based on the totality of the circumstances.
The types of spousal support available in Texas include: Court-ordered spousal maintenance (capped), Contractual alimony (agreed in settlement, no cap). The type ordered depends on the length of the marriage, each spouse's financial situation, and the supported spouse's ability to become self-supporting.
Primary statute: Texas Family Code §8.051–§8.059
The court considers these 9 statutory factors when determining the amount and duration of spousal support:
Ability of the spouse seeking maintenance to earn sufficient income for minimum reasonable needs
Education and employment skills of the spouses
Duration of the marriage
Age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
Contribution by one spouse to the education, training, or increased earning power of the other spouse
Property brought to the marriage by either spouse
Contribution of a spouse as homemaker
Marital misconduct, including adultery and cruel treatment
History or pattern of family violence
Marriage 10–20 years: max 5 years. Marriage 20–30 years: max 7 years. Marriage 30+ years: max 10 years. Disability or family violence: up to 5 years regardless of marriage length.
Duration is one of the most heavily litigated aspects of spousal support. The length of the marriage is the single most important factor in most cases, but the court also considers the supported spouse's age, health, job skills, and the time needed to acquire education or training for appropriate employment.
Eligibility requires marriage of 10+ years OR disability OR family violence conviction (§8.051).
Court-ordered maintenance cap: lesser of $5,000/month or 20% of obligor's average monthly gross income (§8.055).
Contractual alimony agreed in settlement has no statutory cap — only court-ordered maintenance is capped.
Mehta v. Mehta (Tex. Sup. Ct., 2025): courts must consider child-related expenses when evaluating minimum reasonable needs.
Find out if you qualify, how much you might receive (or pay), and for how long.
Residency Requirement
No specific state residency requirement; 90-day county residency
Mandatory Waiting Period
60 days from date of filing
No-Fault Ground
Insupportability (Texas Family Code §6.001)
State Income Tax
No state income tax
Texas Child Support Calculator
Percentage of obligor net resources under Texas Family Code §154.125
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"Just and right" division — not mandatory 50/50, broad judicial discretion under Murff v. Murff framework
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Complete 8-chapter divorce analysis for Texas
Texas does not use a fixed formula for spousal support. Instead, courts apply a multi-factor analysis under Texas Family Code §8.051–§8.059 to determine the amount and duration based on the specific circumstances of each case.
Texas recognizes the following types of spousal support: Court-ordered spousal maintenance (capped), Contractual alimony (agreed in settlement, no cap). The type awarded depends on the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay.
Marriage 10–20 years: max 5 years. Marriage 20–30 years: max 7 years. Marriage 30+ years: max 10 years. Disability or family violence: up to 5 years regardless of marriage length.
Yes. Spousal support orders in Texas can generally be modified if there is a material change in circumstances, such as a significant change in either party's income, retirement, cohabitation of the supported spouse, or other qualifying events as defined by statute.
Get a personalized spousal support analysis based on Texas's actual statutory framework.
Start My Free TexasEstimate →This tool provides educational estimates based on Texas family law and does not constitute legal advice. Spousal support calculations are estimates and may differ from court-ordered amounts. Consult a licensed Texas family law attorney before making decisions. Primary statute: Texas Family Code §8.051–§8.059.