Can Alimony Be Modified or Terminated Later in Texas?
In Texas, alimony—referred to as spousal maintenance—is not automatically granted in divorce cases. When awarded, it is typically subject to specific conditions and limitations. Understanding when and how spousal maintenance can be modified or terminated is crucial for both recipients and payors.
Modification of Spousal Maintenance in Texas
Texas law permits the modification of spousal maintenance under specific circumstances. To request a modification, the party seeking the change must file a motion in the court that initially issued the maintenance order. The court will consider modifications only if there has been a "material and substantial change" in circumstances since the original order. Common grounds for modification include significant changes in income, employment status, health, or other financial obligations.
It's important to note that modifications can only decrease the amount or duration of maintenance; they cannot increase it. Additionally, modifications apply only to payments accruing after the filing of the motion. The court will not retroactively alter payments.
Termination of Spousal Maintenance in Texas
Spousal maintenance obligations in Texas can be terminated under specific conditions:
- Death of Either Party: The obligation ends upon the death of either the payor or the recipient.
- Remarriage of the Recipient: If the recipient remarries, the payor can cease payments without needing a court order. However, any arrears owed must still be paid.
- Cohabitation with a New Partner: If the recipient begins living with a new romantic partner in a permanent, marriage-like relationship, the payor may file a motion to terminate payments. The court will assess whether the cohabitation meets the legal criteria for termination.
Seeking Legal Assistance in Pearland, Texas
Navigating the complexities of spousal maintenance modifications and terminations requires a thorough understanding of Texas family law. If you are considering seeking a modification or termination of spousal maintenance, it's essential to consult with an experienced family law attorney. The Powell Law Firm is dedicated to providing expert legal guidance tailored to your unique circumstances.
Contact us today to schedule a consultation and discuss your options. Our team is committed to helping you achieve a fair and just resolution.