Spousal support, often called alimony or spousal maintenance in Texas, can be a lifeline for individuals after a divorce. It helps one party maintain financial stability during a transitional period or in cases where they cannot meet their basic needs independently.
However, many people wonder, “Can an ex-spouse stop spousal support?” This article explores this topic in detail, including when spousal support may end, the impact of the Texas Family Code, and how to protect your rights with the help of an experienced attorney.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Understanding Spousal Support in Texas
Spousal support in Texas is governed by strict laws and is not automatically granted in every divorce. Unlike some states, Texas limits both the duration and the amount of spousal maintenance, aiming to balance the needs of the receiving spouse with fairness to the paying spouse.
Spousal support can be court-ordered or agreed upon. However, circumstances can change post-divorce, leading one party to seek to modify or stop spousal support payments.
Common Scenarios When Spousal Support Can Be Stopped
1. Remarriage of the Recipient
Under Section 8.056(a)(1) of the Texas Family Code, spousal support obligations terminate automatically if the receiving spouse remarries. This provision ensures that financial support from a former spouse is no longer necessary when a new spouse can provide support.
2. Cohabitation with a Romantic Partner
Spousal support can also end if the recipient begins living with another person in a romantic relationship. As outlined in Section 8.056(a)(2) of the Texas Family Code, the court may terminate support if there is evidence that the recipient is cohabiting in a permanent, marriage-like arrangement.
3. Death of Either Party
Spousal support obligations cease upon the death of either the paying or receiving spouse. This is a straightforward rule under Texas law.
4. Court-Ordered Modifications
If the paying spouse experiences significant financial hardship, such as losing their job or incurring unexpected medical expenses, they can petition the court to reduce or terminate spousal support. Courts consider these requests under Section 8.057 of the Texas Family Code, which allows modifications when circumstances change materially.
5. Agreement Between the Parties
Sometimes, the paying and receiving spouses agree to terminate spousal support early. This can happen through negotiation or mediation, provided the agreement is approved by the court.
The Role of the Texas Family Code
The Texas Family Code is crucial in determining the conditions and limits of spousal maintenance. It sets specific eligibility criteria, such as:
The marriage must have lasted at least 10 years (with exceptions for cases of domestic violence or disability).
The receiving spouse must demonstrate financial need or incapacity to meet basic needs.
Relevant Statutes
- Section 8.051: Outlines eligibility for spousal maintenance.
- Section 8.055: Caps the monthly spousal maintenance amount at 20% of the paying spouse’s income or $5,000, whichever is lower.
- Section 8.054: Sets the duration of spousal support, which typically does not exceed five to 10 years, depending on the length of the marriage.
By understanding these statutes, both paying and receiving spouses can better know their rights and obligations.
How to Protect Yourself as a Paying Spouse
If you believe your ex-spouse’s circumstances have changed and spousal support should end, here are steps to take:
- Document Changes
Gather evidence of remarriage, cohabitation, or financial independence. For example, photos of the recipient living with a partner or proof of their new employment can strengthen your case.
- File a Motion to Modify or Terminate Support
Submit your request to the court under Section 8.057. A spousal maintenance attorney can guide you through this process to ensure all legal requirements are met.
- Consult an Experienced Attorney
An affordable divorce attorney can assess your situation and provide advice tailored to your needs. Whether you’re in Fort Worth, Tarrant County, or Cleburne, experienced legal assistance is invaluable.
How to Protect Yourself as a Recipient
If you rely on spousal support, it’s essential to understand your rights to avoid unexpected financial loss:
- Follow Court Orders
Ensure all payments are made through official channels to create a verifiable record.
- Seek Legal Advice for Changes
If your financial needs increase, consult a divorce attorney to request a modification of the support amount.
Turner Monahan PLLC – Here to Support You
Spousal support decisions can significantly impact both parties after a divorce, and understanding your rights under Texas law is crucial to navigating these situations effectively.
Whether you’re seeking to modify, terminate, or enforce spousal support, consulting an experienced attorney is essential to ensure your interests are protected. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
