First, take both parties monthly, adjusted gross income and add it together to get their combined, monthly adjusted gross income. Multiply that number by 40%. Subtract the lessor-earning spouse's monthly adjusted gross income. If the number is zero or less, there is no maintenance payable.
Texas law sets forth general guidelines for calculating spousal maintenance, including limitations on the amount and duration of payments. The court-ordered monthly amount of spousal maintenance can be at most $5,000 or 20% of the paying spouse's average monthly gross income, and whichever is lower of those two.
Self-sufficiency of the Requesting Spouse: If the spouse seeking alimony is young, healthy, has a good education, or possesses marketable skills that enable self-sufficiency, the court may determine that maintenance is not necessary – do note this outcome is extremely rare and unlikely.
The maintenance formula works as follows: Calculate 40% of the higher income earning party's gross monthly income. Calculate 50% of the lower-income earning party's gross monthly income. Subtract the 50% figure from the 40% figure.
Once the court deems that spousal maintenance is appropriate, then it determines the amount and length of alimony based on the following formula: The amount of alimony is equal to 40% of the higher-income party's monthly adjusted gross income, minus 50% of the lower-income party's monthly adjusted gross income.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
To calculate alimony, the court will divide the paying spouse's annual gross income by 12 to determine their monthly gross income. Then, it will multiply that number by 0.2. If that amount is less than $5,000, that is the monthly amount of alimony you will receive.