State alimony comparison
Recommended workflow
Start with the legal differences below, run one shared estimate scenario, then open each state guide for the detailed framework courts may apply.
Use this side-by-side data view as a starting point, then review the linked state law guides and calculators for deeper planning context.
| Factor | Indiana | Texas |
|---|---|---|
| Support term | spousal maintenance | spousal maintenance |
| Formula profile | limited | limited-cap |
| Property system | equitable | community |
| Legal framework | Temporary maintenance may be ordered during the divorce proceeding to address immediate financial needs while the case is pending. Final maintenance is governed by Ind. Code § 31-15-7-2 and is available only when one of the statute's limited grounds is proven. | Temporary support may be awarded during the divorce proceeding under the court's equitable powers. Post-divorce spousal maintenance is governed by Chapter 8 of the Texas Family Code and is available only when specific statutory eligibility requirements are met. |
| Statute citation | Ind. Code § 31-15-7-2; Ind. Code § 31-15-7-3 | Texas Family Code Chapter 8 (§§ 8.001-8.305) |
Best for
Relocation planning, negotiation prep, and state-by-state estimate checks.
Use with
Indiana and Texas calculators for same-fact estimates.
Remember
Support outcomes still depend on judge discretion, facts, and local procedure.
Same-facts estimate
Use the same income and marriage facts to see how the planning estimate changes between Indiana and Texas. This is educational, not a court prediction.
Conservative educational estimate based on statutory eligibility, need, ability to pay, income disparity, incapacity or caregiving limits, and rehabilitative education or training needs; no mandatory statewide formula applies.
$900/mo
Planning range: $585-$1,215/mo
Duration: Limited statutory maintenance only
Indiana relies heavily on court discretion or limited eligibility rules, so this estimate should be treated as a broad planning range.
Conservative educational estimate based on minimum reasonable need and ability to pay, capped at the lesser of $5,000 per month or 20% of payer gross monthly income.
$680/mo
Planning range: $544-$816/mo
Duration: 10 to under 20 years
Indiana: Indiana is a narrow spousal-maintenance state and does not have general discretionary alimony. Court-ordered maintenance is limited to specific statutory situations: incapacity of a spouse, caregiving for an incapacitated child that prevents employment, or rehabilitative maintenance to obtain education or training for appropriate employment. There is no statewide percentage formula for amount. Texas: Texas is a strict limited-eligibility maintenance state. Court-ordered spousal maintenance is not automatic and is available only if the requesting spouse lacks sufficient property to meet minimum reasonable needs and satisfies a statutory eligibility ground. Texas has no formula for the actual award amount, but it has a hard statutory maximum of the lesser of $5,000 per month or 20% of payer gross monthly income.
Indiana: Indiana rehabilitative maintenance is capped at 3 years from the final decree. Incapacity maintenance may continue during the period of incapacity, subject to further order. Caregiver maintenance may last for a period the court considers appropriate when a child's incapacity requires the spouse to forgo employment. Indiana does not have ordinary marriage-length duration tiers for general alimony because general alimony is not available. Texas: Texas generally requires maintenance to last only for the shortest reasonable period that allows the recipient to earn enough income to meet minimum reasonable needs. Maximum duration is generally 5 years for family-violence eligibility cases or marriages of at least 10 but less than 20 years, 7 years for marriages of at least 20 but less than 30 years, and 10 years for marriages of 30 years or more. Maintenance based on the recipient's disability or care of a disabled child may continue as long as the qualifying condition continues, subject to review.
Indiana: Indiana maintenance may be modified when permitted by the order and applicable law after a substantial change in circumstances. Incapacity and caregiver awards may be reviewed as the incapacity, caregiving burden, or financial circumstances change. Texas: A maintenance order may be modified upon a material and substantial change in circumstances affecting either party. Any modified award remains subject to Texas statutory caps and limitations.
Indiana uses the term spousal maintenance and authorizes court-ordered maintenance only in limited statutory circumstances. Unlike many states, Indiana does not award maintenance merely because one spouse earns more after divorce. The main statutory categories involve incapacity, caregiving for an incapacitated child, and short-term rehabilitative support.
Eligibility: A spouse may qualify if physical or mental incapacity materially affects the ability to self-support, or if the spouse must forgo employment to care for a child with physical or mental incapacity. A spouse may also qualify for rehabilitative maintenance after the court considers education, interrupted employment, earning capacity, and time needed for training or education. Income disparity alone is not enough to create eligibility.
Texas uses the term spousal maintenance for court-ordered post-divorce support and imposes some of the nation's strictest eligibility requirements. Unlike many states, support is not presumed based solely on income disparity, and a spouse must first satisfy statutory eligibility thresholds before a court considers amount and duration.
Eligibility: A spouse generally must lack sufficient property after divorce to provide for minimum reasonable needs and satisfy at least one statutory ground. Common grounds include a marriage lasting 10 years or more combined with inability to earn sufficient income, a disabling condition, caregiving responsibilities for a disabled child, or recent family violence by the other spouse. The spouse seeking maintenance bears the burden of proving eligibility.
Alimony rules vary by state. Comparing two states helps readers understand differences in formulas, duration ranges, eligibility rules, modification standards, and judicial discretion before deeper research.
No. SettleCompass comparison pages are educational planning resources only and do not replace advice from a licensed family law attorney.
Yes. State formulas, income caps, duration rules, statutory factors, and judge discretion can produce different outcomes from the same basic facts.
Use state-specific calculator pages to model the same income and marriage-length assumptions across both states.
