Divorce is never simple, especially when spousal support is involved. After months of negotiation or a court ruling, the paying spouse may wonder: What happens if my ex-spouse remarries? Does the obligation to pay spousal maintenance continue, or does it stop automatically?
Under the Texas Family Code, the law provides clear answers. But as with most legal issues, every situation has unique details. This article breaks down how remarriage affects spousal support in Texas, what exceptions apply, and what steps both parties should take.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Is Spousal Support in Texas?
Texas calls spousal support “spousal maintenance.” It’s a court-ordered payment from one spouse to the other after divorce to help meet basic financial needs. Unlike community property or child support, it’s not automatic, a judge only awards it if specific conditions in Texas Family Code § 8.051 are met.
A court may order spousal maintenance if:
- The paying spouse was convicted of family violence within two years of the divorce filing.
- The receiving spouse cannot earn enough to meet minimum needs due to disability.
- The marriage lasted at least 10 years, and the receiving spouse lacks sufficient income.
- The receiving spouse is the custodian of a child with a serious disability requiring full-time care.
The goal isn’t to create lifelong dependency, it’s to allow time for financial adjustment after divorce.
When Does Spousal Support End?
The answer lies in Texas Family Code § 8.056. The law is very specific about when maintenance stops:
- § 8.056(a), “The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.”
- § 8.056(b), “After a hearing, the court shall order the termination of the maintenance obligation if the obligee cohabits with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis.”
- § 8.056(c), “Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination.”
In simple terms:
- Remarriage of the receiving spouse automatically ends future spousal support.
- Death of either spouse also ends the obligation.
- Cohabitation with a romantic partner (even without marriage) may end support if proven in court.
- Past-due payments must still be paid, remarriage doesn’t erase old arrears.
Real-Life Example: How It Works
Example 1: Ending Upon Remarriage
Sarah receives $1,000 a month in maintenance after a 12-year marriage. Two years later, she remarries. The next payment due after her new marriage ceremony does not have to be paid. Her ex-husband’s obligation ends immediately.
Example 2: Cohabitation Without Marriage
Mark pays support to his ex-wife, Linda. A friend tells him Linda moved in with her new boyfriend. If Mark can prove that Linda is living in a long-term romantic relationship at one address, he can request the court to terminate his maintenance order under § 8.056(b).
Example 3: Disability Exception
Jennifer receives maintenance because she cannot work due to a disability. If she remarries, the payments still end. But if she never remarries, support may continue for as long as her condition exists under § 8.054(b).
Connection to Asset Division and Prenuptial Agreements
Spousal maintenance ties closely to divorce asset split and marriage asset division. A fair division of community property can reduce the need for ongoing support.
A prenuptial agreement lawyer or postnuptial agreement services can help couples decide ahead of time whether maintenance will be paid if the marriage ends. These agreements are common in high-net-worth divorce cases where both parties want clarity.
When one spouse is financially dependent, the court often looks at how assets were divided before determining maintenance. For example, if one party received a home or significant assets during the divorce process, maintenance may be limited or unnecessary.
What If the Paying Spouse Remarries?
The paying spouse’s remarriage does not automatically change anything. Texas law focuses on the financial relationship between the two parties from the first marriage. The new spouse’s income generally doesn’t reduce the existing obligation.
However, if circumstances change significantly, such as job loss or medical hardship, the paying spouse may request a modification of the maintenance order under Texas Family Code § 8.057.
What About Cohabitation Without Marriage?
The law recognizes that some people avoid remarriage to keep receiving support. That’s why § 8.056(b) allows termination if the supported spouse lives with a romantic partner “in a permanent place of abode on a continuing basis.”
To terminate the support, the paying spouse must prove:
- Both parties share a home permanently.
- The relationship is romantic or dating in nature.
- The cohabitation is continuous, not temporary or occasional.
Once proven, the court ends the maintenance from that date forward.
Importance of Legal Guidance
Understanding when and how spousal support ends requires careful review of your divorce decree and the Texas Family Code. Whether you are the paying or receiving spouse, an experienced spousal maintenance attorney or family law attorney can guide you through your rights.
If you’re uncertain whether support should continue after remarriage or cohabitation, or if your ex refuses to stop payments after remarrying, it’s best to act quickly. Legal help can ensure you don’t overpay or lose what you’re entitled to.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
For over five decades, Turner-Monahan Law Firm has guided families across Texas through divorce, custody, and spousal maintenance cases. With 50+ years of legal experience and thousands of successful cases, we understand how to protect your financial and family future.
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 are not intended 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, PLLC, by signing a written retainer agreement.
