In Texas, spousal support (officially called spousal maintenance under the Texas Family Code) is only awarded in some divorce cases. Once the order has been entered, it may be possible to modify it. A request for modification can often be more of a battle than many people expect, which is why we help our clients carefully weigh the pros and cons of litigation before moving forward.
A modification may be granted if there has been a substantial and material change in circumstances, such as a job promotion or demotion that significantly changed a party’s salary. Spousal Support (Alimony is available in Texas as a contract) can also be terminated if the receiving spouse remarries or enters into a supportive cohabitation relationship. If you want to learn more about your rights related to changing spousal maintenance, our Austin divorce attorneys can advise you and advocate for you.
At the Law Office of Jason Wright, we offer clear-eyed, strategic advice to clients in the greater Austin area who are dealing with divorce, property division, child custody, child support, and spousal support issues. We can help you understand the advantages and disadvantages of filing for a modification, and if you decide to move forward, petition to have your spousal support order modified or terminated. Reach out today to schedule a consultation with an Austin spousal maintenance lawyer.
When Is Spousal Maintenance Awarded in Texas?
In Texas, a court may award spousal maintenance to either party in certain circumstances. Specifically, the spouse seeking maintenance must not have sufficient assets to provide for their minimum reasonable needs. In addition, a court will only award spousal support if:
- The spouse seeking maintenance:
- Has been married to the other spouse for at least 10 years and cannot earn enough to provide for their minimum reasonable needs;
- Cannot earn enough to provide for their minimum reasonable needs due to a physical or mental disability; or
- Is the custodian of a child from the marriage who requires care and supervision due to a disability, and this responsibility prevents the parent from earning enough to provide for their minimum reasonable basic needs
OR
- The spouse from whom maintenance is sought was convicted of domestic abuse within the past 2 years before the divorce petition was filed.
Just because a spouse qualifies for maintenance, doesn’t automatically mean a judge will award it. A judge will look at each spouse’s income and education, along with other factors, to set the amount and duration of the support. In Texas, spousal support may be awarded for a maximum period of 5, 7, or 10 years, based on the length of the marriage.
Once spousal maintenance has been awarded in a divorce case, it is possible to modify or even terminate it. If you are currently paying or receiving spousal support in Texas, our Austin family law attorneys can help you explore your options for modifying or terminating the order.
When Can You Modify or Terminate Spousal Maintenance in Texas?
It is possible to change an existing spousal maintenance order in Texas. To do so, the person seeking the change will need to prove that there has been a material and substantial change in circumstances since the date of the order. This change must affect the amount and/or duration of alimony under Texas law.
Under the Texas Family Code, a material and substantial change is required to modify or terminate an existing spousal maintenance order. This change must not be temporary, such as a short-term job loss, or minor, such as a slight increase in health insurance payments. Examples of material and substantial changes that may allow a party to modify a spousal maintenance order include:
- A significant increase or decrease in either party’s income
- The remarriage of the recipient
- Changes in either spouse’s employment status
- Significant changes in the health or disability status of either party (unless the receiving party has become disabled following the divorce)
- Major changes in the financial obligations of either spouse
Alimony in Texas can be established contractually, in which case the terms of the contract would control. Spousal Maintenance is not the same as contractual alimony. Spousal maintenance can also be terminated in Texas in certain circumstances. Most commonly, spousal support is terminated when the receiving spouse remarries. It can also be terminated if the paying spouse can demonstrate that the receiving spouse is cohabitating with a new partner.
Filing for Modification or Termination of Spousal Maintenance
If you want to modify spousal maintenance, the first step is to file a petition with the court that issued the original order. For example, if you were divorced in Travis County, then you will file a petition for modification in the Travis County Family Court.
The party seeking the modification will have the burden of proving that there has been a substantial and material change since the original divorce decree was issued. Only changes that have occurred since the divorce was finalized will be considered.
A court will look at the same factors that it examined to set the amount of maintenance when determining whether to modify the order. This includes:
- Both spouses’ ability to independently provide for their minimal reasonable needs
- The length of the marriage
- The receiving spouse’s age, employment history, physical and emotional health, and earning ability
- Each spouse’s current education and employment skills, as well as the receiving spouse’s contribution to the paying spouse’s education, training, or earning power
- The paying spouse’s monthly gross income
A court will weigh these and other factors when determining whether a substantial and material change has occurred. If a judge determines that a change has occurred, then it may adjust the spousal support upwards or downwards.
Importantly, if you file for a modification of spousal support, you must continue to pay the original support amount until a court issues a new order. If you stop paying alimony or pay a lower amount without a court order, you may face consequences such as wage garnishment or contempt of court.
You are not required to go to court to terminate spousal maintenance if the receiving spouse remarries. Under Texas law, remarriage is enough to terminate spousal support. However, you may need to get a new order for withholding order purposes. Remarriage of the paying spouse does not change any obligations related to spousal support under Texas law.
However, if your ex moves in with a new romantic partner but does not marry them, you cannot simply stop paying spousal support. If you want to terminate spousal maintenance, you will have to go to court and prove that your ex’s cohabitating relationship warrants termination of maintenance.
It may take several months to have alimony modified. If possible, the parties can also agree to modify maintenance. Our law firm can help you work out an agreement related to the amount, duration, termination factors, and other details based on your current situation.
If you believe that your circumstances have changed to the extent that modification of spousal support is necessary, we can help. We will advise you of your rights, gather evidence, develop arguments, and represent you in court. Our Austin spousal support attorneys can also help you negotiate a spousal support agreement with your ex rather than going to court.
Reach Out to Talk to an Austin Spousal Maintenance Lawyer
Spousal maintenance orders are not necessarily set in stone. If your situation has changed since your divorce was finalized, it may be possible to have spousal support increased, decreased, or even terminated altogether. Our law firm can work with you to help you understand your rights and develop a plan for alimony modification or termination.
The Law Office of Jason Wright offers smart legal representation for clients in the greater Austin area who are dealing with divorce and its aftermath. We are adept at both negotiating and litigating modifications to spousal maintenance in Texas. To learn more or to schedule a consultation with an Austin spousal maintenance attorney, give us a call at 512-706-9662 or fill out our online contact form.