How Is Alimony Calculated in San Antonio, TX?

 Posted on March 05, 2026 in Divorce

If you are going through a divorce, you may be wondering whether you or your spouse will have to pay financial support after the marriage ends. In Texas, this is called spousal maintenance, although it is commonly referred to as alimony.

 The rules around who qualifies and how much can be paid are specific and often strict. A San Antonio family law attorney can walk you through those rules and help you figure out where you stand before your case moves forward.

What Is Spousal Maintenance Under Texas Law?

Texas law does not use the word "alimony." The Texas Family Code Chapter 8 uses the term "spousal maintenance" to mean court-ordered financial support paid from one ex-spouse to another after a divorce. The goal is not to create a lifelong payment commitment but to give a lower-earning spouse temporary help while they work toward financial independence. 

Who Qualifies for Spousal Maintenance in Texas?

Under Texas Family Code Section 8.051, a spouse asking for maintenance must first prove they won't have enough money or property to cover their basic needs after the divorce. They must also meet at least one of these conditions:

• The marriage lasted at least 10 years, and they cannot currently earn enough to meet their basic needs.
• They have a physical or mental disability that prevents them from supporting themselves.
• They are the main caregiver for a child of the marriage who has a serious physical or mental disability.
• Their spouse was convicted of family violence within two years before the divorce was filed, or while the case was pending.

If you aren't sure whether your situation qualifies, speaking with a San Antonio family law attorney is a good first step.

How Is Spousal Maintenance Calculated in Texas?

Once a spouse meets the initial qualifications for spousal maintenance, the judge looks at several factors to decide the amount and how long it lasts. Texas Family Code Section 8.052 lists the factors courts must weigh, which includes:

• Each spouse's income and property after the divorce
• Each spouse's education, job skills, and work history
• How long the marriage lasted
• Whether one spouse stayed home to raise children or support the other's career
• Time and cost needed for job training or education
• Marital misconduct, such as adultery or cruelty
• Any history of domestic violence
• Efforts to find work or build job skills

What Are the Payment Caps for Spousal Maintenance in Texas?

Texas law caps monthly payments at whichever is less: $5,000 per month or 20 percent of the paying spouse's average monthly gross income. These limits come from Texas Family Code Section 8.055, and a court cannot go above them. According to the U.S. Census Bureau, the median single-earner household income in San Antonio is about $60,000 per year. At that income level, the 20 percent cap on an average income works out to roughly $1,000 per month or well under the $5,000 ceiling.

How Does the Spousal Maintenance Calculation Actually Work?

To determine the amount of spousal maintenance in Texas, first, calculate 20 percent of the paying spouse's average monthly gross income. Gross income includes wages, self-employment earnings, rental income, and other sources before taxes. 

Next, compare that number to the $5,000 cap. A spouse earning $300,000 per year would hit the $5,000 cap, since 20 percent of their monthly gross exceeds the cap.

How Long Does Spousal Maintenance Last in Texas?

How long spousal maintenance lasts is a separate question from how much it will be. The court looks at how long the marriage lasted and how long the supported spouse realistically needs to find steady work. 

Texas also limits how long payments can last based on the length of the marriage. In some cases, a spouse may qualify for up to five years of maintenance even if the marriage lasted less than 10 years when the paying spouse was convicted of family violence. Otherwise, the general rule is:

• Married 10 to 19 years: Up to five years of maintenance.
• Married 20 to 29 years: Up to seven years of maintenance.
• Married 30 or more years: Up to 10 years of maintenance.

If maintenance is based on disability or caring for a disabled child, there is no set time limit. Under Texas Family Code Section 8.054, courts must set the shortest time needed for the supported spouse to become financially independent.

Other FAQs About Spousal Maintenance in Texas

Can Spouses Agree to Maintenance Outside of Court?

Spouses can make a private agreement about alimony as part of their divorce settlement. Unlike court-ordered maintenance, this type of agreement is not limited by the Texas Family Code caps. Payments can be higher or last longer as long as both spouses agree.

Can Spousal Maintenance Be Modified or Ended Early?

Court-ordered maintenance usually ends if the receiving spouse remarries, either spouse dies, or the receiving spouse begins living with a romantic partner on a continuing basis. Either party can also ask the court to change or end payments if there is a significant change in circumstances, such as a job loss or a major increase in the supported spouse's income.

Does Marital Fault Affect Spousal Maintenance in Texas?

A judge is allowed to consider things like adultery or cruelty when deciding whether to award maintenance and how much. It won't automatically qualify or disqualify someone, but it is a factor the court can weigh in its decision.

Contact a San Antonio, TX Spousal Maintenance Attorney Today

If you have questions about spousal maintenance, getting clear legal guidance early can make a real difference. Brandon Wong & Associates focuses on family law exclusively, bringing dedicated attention to every divorce and support matter we handle. Schedule an initial consultation for one-on-one time to talk through your situation with an attorney who knows Texas family law. To speak with a Bexar County family law lawyer at Brandon Wong & Associates, call 210-201-3832 today.