W. Tyler Moore, PC

Is the amount of alimony limited?

The amount of alimony is limited in Texas.  Chapter 8 of the Family Code talks about "court ordered maintenance" which lay people refer to as alimony.  That chapter of the code is specific as to who may receive alimony, under what circumstances, for how long, and a cap on the monthly payments.

Depending on the length of marriage, the court ordered maintenance may not exceed 5 years, 7 years, or 10 years UNLESS the spouse is disabled. Either party may request a review of the order of maintenance.  

The amount of court ordered maintenance is capped at the lesser of $5000 per month or 20% of the payor spouse's average monthly gross income.  

Again, this is merely a general snapshot of alimony or court ordered maintenance in Texas. Consult with an experienced family law attorney to discuss the specifics.

Court ordered maintenance is income to the recipient and tax deductible to the payor.  

In addition to "Court ordered maintenance", parties may contractually agree that one spouse will pay the other a specific sum of money for a specific period of time. This is differentiated from court ordered maintenance as contractual alimony.  Absent a provision in the contract, the contractual alimony cannot be revised by either party.

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