Spousal maintenance under the Chapter 8 cap: 20% of gross income, never more than $5,000 a month
Texas is one of the hardest states in the country to get court-ordered alimony, which the Family Code calls spousal maintenance. Chapter 8 sets a high bar for eligibility: in the typical case you need a marriage of at least 10 years, plus proof that the requesting spouse can't earn enough to cover minimum reasonable needs. There are two exceptions to the 10-year rule, a family violence conviction or protective order within 2 years of the divorce filing, and a disability affecting the requesting spouse or a child in their care.
Even when a spouse qualifies, the amount is tightly capped. A judge can order at most the lesser of $5,000 per month or 20% of the payer's average gross monthly income. Duration is capped too: up to 5 years for marriages of 10 to 20 years, up to 7 years for 20 to 30, and up to 10 years for 30 or more, and courts must pick the shortest period that works. Couples can still agree to more generous contractual alimony in a settlement, but that's a deal, not an order. Enter a gross monthly income below to see the maximum a Texas court could award.
⚖️ Not legal advice. Real awards depend on the judge, state statutes, and negotiated agreements. These formulas are educational starting points; talk to a family law attorney.
| Payer Gross Monthly Income | 20% of Gross | TX Guideline Max (capped at $5,000) |
|---|---|---|
| $4,000 | $800 | $800 |
| $5,000 | $1,000 | $1,000 |
| $6,250 | $1,250 | $1,250 |
| $7,500 | $1,500 | $1,500 |
| $10,000 | $2,000 | $2,000 |
| $12,500 | $2,500 | $2,500 |
| $15,000 | $3,000 | $3,000 |
| $20,000 | $4,000 | $4,000 |
| $25,000+ | $5,000+ | $5,000 (cap reached) |
At $25,000 of gross monthly income, 20% lands exactly on the $5,000 cap. Above that, the cap does all the work: a $30,000 earner's 20% would be $6,000, but the court can still order at most $5,000.
These are ceilings, not defaults. Judges are instructed to limit maintenance to the shortest reasonable period that lets the receiving spouse become self-supporting. For a fuller picture with other state formulas, try the main alimony calculator, and if kids are involved, the child support calculator covers the separate guideline that usually comes first.
The main route is a marriage of 10 years or more where the requesting spouse can't earn enough to meet minimum reasonable needs. Two exceptions skip the 10-year rule: a family violence conviction or protective order against the other spouse within 2 years of filing, or a disability of the requesting spouse or a child in their care. Even then, the spouse asking for support carries the burden of proving they need it.
Court-ordered maintenance is capped at the lesser of $5,000 per month or 20% of the payer's average gross monthly income. The 20% rule controls until gross income reaches $25,000 a month; above that, the flat $5,000 cap takes over. Spouses can agree to higher contractual alimony in a settlement, but a judge can't order more.
Duration is tiered by marriage length: up to 5 years for marriages of 10 to 20 years (and for shorter marriages that qualify through family violence), up to 7 years for 20 to 30 years, and up to 10 years for 30 or more. Courts must order the shortest reasonable period, and support based on disability can continue as long as the disability does.