In Texas, spousal support, also called spousal maintenance, is not always permanent. Life events, such as job loss, retirement or remarriage, can alter the amount of support paid or received. When these things happen, the court may allow a change to the support order.
When can you request a change?
You must base your request for a change on a material and substantial change in circumstances. This means something significant must have changed in the life of either the person paying or receiving support. Common reasons include:
- Loss of a job or a substantial drop in income
- Retirement from work
- Remarriage or getting support from a new partner
Minor changes are usually not enough. A court must believe that the change is serious and affects the ability to pay or the need for support.
Job loss or income change
If one partner loses their job, the court will look at the reason. If they decide to stay unemployed, the court may not change the payments. However, if the loss happened for reasons beyond their control and they actively seek new work, the court may permit a lower support amount.
Retirement and age
When someone retires, they may experience a decrease in income. If the person planned for retirement and acted in good faith, the court may approve a request to reduce or terminate support. A judge may consider age, health and savings when making a decision.
Remarriage or new partner
If the person receiving support gets married again, Texas law requires the payments to stop. If they live with a new partner who provides financial backing, the court may lower or terminate the support. The paying spouse must show proof that they do not need to support the other.
Final thoughts
Support orders do not change on their own unless you ask the court to change them. If something significant, such as this, happens in your life, consulting a lawyer may be beneficial. By taking the right steps, you can protect your financial future.