Texas Codes

Tex. Fam. Code § 8.055 (2026)

Amount Of Maintenance

✓ current as of May 2026

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Sec. 8.055. AMOUNT OF MAINTENANCE. (a) A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:

(1) $5,000; or

(2) 20 percent of the spouse's average monthly gross income.

(a-1) For purposes of this chapter, gross income:

(1) includes:

(A) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(B) interest, dividends, and royalty income;

(D) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(E) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and

(2) does not include:

(A) return of principal or capital;

(B) accounts receivable;

(D) benefits paid in accordance with the Temporary Assistance for Needy Families program;

(E) payments for foster care of a child;

(F) Department of Veterans Affairs service-connected disability compensation;

(G) supplemental security income (SSI), social security benefits, and disability benefits; or

(H) workers' compensation benefits.

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.

(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 486, Sec. 9(2), eff. September 1, 2011.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.006 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1138, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 4, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 9(2), eff. September 1, 2011.

Notes of Decisions

Cited in 33 cases (11 in the last 5 years), 2002–2025 · leading case: Amos v. Amos, 79 S.W.3d 747 (Tex. App. 2002).

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Amos v. Amos, 79 S.W.3d 747 (Tex. App. 2002). “TEX. FAM. CODE ANN. § 8.055 (Vernon Supp.”

Kenneth Ray Waldrop v. Teresa Waldrop, 552 S.W.3d 396 (Tex. App. 2018). “Laws 3146 , 3147 (amended 2011) (current version at Tex. Fam. Code Ann. § 8.054 (West Supp. 2017)); Act of May 28, 2003, 78th Leg.”

Tellez v. Tellez, 345 S.W.3d 689 (Tex. App. 2011). “” See Tex. FaM.Code Ann. § 8.055(a) (West 2005).”

Heller v. Heller, 359 S.W.3d 902 (Tex. App. 2012). “Laws 1574 , 1577 (amended 2011) (current versions at Tex. Fam.Code Ann. §§ 8.055(a), 8.056(a) (West Supp.”

Randall Oneal Mathis v. Fredericka Antoinette Mathis (Tex. App. 2018). · cites it 4× “TEX. FAM. CODE ANN. § 8.055(a-1)(2). This exclusion is consistent with a statutory interpretation that spousal maintenance is to be based only on wages a paying spouse will make, or income that property awarded to the paying 9 spouse may generate, after entry of the divorce…”

James E. Redd v. Sarah K. Redd (Tex. App. 2017). · cites it 3× “3 See TEX. FAM. CODE ANN. § 8.055 (West, Westlaw through Ch.”

Maribel Hill v. Dwight L. Hill (Tex. App. 2025). · cites it 3× “. . . . . . . . . . . . . . . . . . . . .”

Taylor v. Taylor, 2025 UT App 94 (Utah Ct. App. 2025). “” Tex. Fam. Code § 8.055(a). And the Texas Family Code then specifies what is—and is not—included in “gross income.”

in the Matter of the Marriage of Frank L. Franklin & Chong H. Franklin (Tex. App. 2013). · cites it 4× “" See TEX. FAM. CODE ANN. § 8.055(a-1)(2)(F). We disagree.”

D. Paul Prevallet v. Rena Jane Prevallet (Tex. App. 2021). · cites it 2× “” Tex. Fam. Code Ann. § 8.055 (a-1)(1)(A)–(E).”

Paul Redmond Keating v. Beverly Carolynn Keating (Tex. App. 2022). · cites it 2× “” Tex. Fam. Code Ann. § 8.055 (a). For the trial court to order Paul to pay $5,000 per month, then, the court was required to find that this amount was no more than 20 percent of Paul’s gross monthly income, i.”

in the Matter of the Marriage of German Neftali Contreras & Vita Gisela Contreras & in the Interest of D.C, J.C., & D.C., Child. (Tex. App. 2022). · cites it 2× “See TEX. FAM. CODE ANN. § 8.055. Therefore, to justify the trial court’s monthly spousal maintenance award of $1,000, there had to be some evidence in the record that German’s post-divorce average monthly gross income was $5,000—as 20% of $5,000 is $1,000.”

Show all 33 citing cases →

— Tex. Fam. Code § 8.055(a) — 12 cases

Tellez v. Tellez, 345 S.W.3d 689 (Tex. App. 2011). “” See Tex. FaM.Code Ann. § 8.055(a) (West 2005).”

Heller v. Heller, 359 S.W.3d 902 (Tex. App. 2012). “Laws 1574 , 1577 (amended 2011) (current versions at Tex. Fam.Code Ann. §§ 8.055(a), 8.056(a) (West Supp.”

Taylor v. Taylor, 2025 UT App 94 (Utah Ct. App. 2025). “” Tex. Fam. Code § 8.055(a). And the Texas Family Code then specifies what is—and is not—included in “gross income.”

Randall Oneal Mathis v. Fredericka Antoinette Mathis (Tex. App. 2018). “TEX. FAM. CODE ANN. § 8.055(a-1)(2). This exclusion is consistent with a statutory interpretation that spousal maintenance is to be based only on wages a paying spouse will make, or income that property awarded to the paying 9 spouse may generate, after entry of the divorce…”

Maribel Hill v. Dwight L. Hill (Tex. App. 2025). “. . . . . . . . . . . . . . . . . . . . .”

— Tex. Fam. Code § 8.055(a)(2) — 1 case

in the Matter of the Marriage of Frank L. Franklin & Chong H. Franklin (Tex. App. 2013). “" See TEX. FAM. CODE ANN. § 8.055(a-1)(2)(F). We disagree.”

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