Following a divorce in Texas, the court allows for the payment of spousal maintenance (sometimes called alimony or spousal support) from one former spouse to the other. However, under certain circumstances, the paying spouse may petition the court to terminate spousal maintenance payments. Whether you are interested in pursuing or fighting a modification or termination of your spousal maintenance or alimony, please review the information below and contact a Denton County modification attorney as soon as possible for assistance.
Remarriage
In Texas, a paying spouse’s obligation to pay spousal maintenance ends when his or her former spouse remarries. Upon remarriage of the alimony recipient, the paying spouse may stop sending alimony payments immediately—a court order isn’t necessary. However, if the paying spouse is behind on alimony payments, he or she must still pay these regardless of the other spouse’s marital status.
Cohabitation
Cohabitation occurs when two people involved in a romantic relationship live together on a continuous basis. In Texas, a paying spouse may cease making alimony or spousal maintenance payments when his or her former spouse begins to cohabitate with another person. However, unlike remarriage, the paying spouse is not permitted to immediately case payments upon the cohabitation of his or her ex. Rather, the paying spouse must file a motion with the family court requesting to cease payments due to cohabitation. The paying spouse must also provide evidence to the court of cohabitation.
Significant Changes
The other way to terminate or modify a spousal maintenance order in Texas is to demonstrate to the court that there has been a significant change in the circumstances of either spouse. This option is available to both the paying and receiving spouse. Following any type of significant spousal maintenance order. For example, if the paying spouse suffers a significant decrease in income, the court may decide to decrease or terminate alimony payments. On the other hand, if the alimony recipient can prove that his or her needs have significantly increased or that the paying spouse’s income has significantly increased, the court can increase the amount of alimony that the paying spouse must provide.
Contact our modifications attorney today
Regardless of whether you’re seeking to modify or terminate a spousal maintenance agreement or are opposed to modification or termination, one thing’s for sure—you need an experienced Denton County Attorney on your side. And if you’re located in the Dallas-Fort Worth area, the Youngberg Law Firm in Corinth is here to help. Not only do we have experience in this unique area of divorce law, but we can represent you regardless of which side you’re on. When you choose Youngberg Law Firm to represent you in your modification or termination case, attorney Mike Youngberg will use his experience and professional insight to guide you through the modification or termination process. Please contact us today for a consultation.