Can spousal support be modified after the divorce is finalized in Texas?

In Texas, alimony, also known as spousal support, is a financial assistance one spouse may be required to provide the other following a divorce. Not every divorce case in Texas results in an award of spousal support, and obtaining it can be more difficult compared to other states. Essentially, spousal support in Texas is subject to certain limitations and is less common than many might expect. For further details, consult with the attorneys at the Law Office of Dana Baker in Bellville, Texas.

Spousal Support Payment Restrictions

According to the Texas Family Code, the highest amount of alimony a court can mandate is either 20% of the payer’s gross monthly income or $5,000 per month, whichever is less. The code provides a thorough explanation of what constitutes gross monthly income for the purpose of calculating spousal support. It’s important to note that a court is not obligated to grant the maximum allowable amount, and the parties involved may independently agree on a different sum.

Duration of Spousal Support Payments

The period over which alimony must be paid is finite and varies based on the length of the marriage. The guidelines for spousal maintenance duration are as follows:

• Up to five years: If the marriage lasted at least 10 but no more than 20 years, or if the marriage lasted less than 10 years but the payer was convicted of family violence within two years prior to or during the divorce proceedings.
• Up to seven years: If the marriage lasted between 20 and 30 years.
• Up to ten years: If the marriage lasted 30 years or more.

Judges are instructed by state law to limit the duration of alimony to the shortest reasonable period that enables the recipient to gain employment or acquire necessary education and training for employment. Moreover, the recipient is not automatically entitled to the maximum statutory amount, as various factors, including non-economic contributions to the marriage and any existing child support obligations, can influence the payment amount.

Modifications and Termination of Spousal Support

Post-divorce, the payer of spousal maintenance has the right to petition the court for a reduction in the support payments. It’s crucial to continue paying the current support amount while such a petition is pending.

Furthermore, the law stipulates that court-ordered spousal support ends upon the death of either party or if the recipient remarries. If the recipient cohabits with a new partner in a romantic relationship, the payer has the option to request the court to terminate the support.

For any modifications to spousal support, especially when there’s a significant change in the financial circumstances of either party, legal representation is advisable. For example, if the recipient wins a large sum of money, it may be argued that spousal support is no longer necessary.

Reach Out to the Law Office of Dana Baker in Bellville, Texas

Spousal support can be a contentious issue in Texas divorces, often necessitating professional legal guidance. Contact the Law Office of Dana Baker in Bellville, Texas, at 979-310-5507 for assistance with your spousal support or divorce case.