Understanding how to modify spousal support after a significant change in financial circumstances is critical for the paying and receiving spouse in Texas. Spousal support, which is often called spousal maintenance or alimony, is designed to help ensure financial stability when one spouse lacks sufficient income or resources post-divorce.

Although Texas courts are known for placing restrictions on spousal maintenance, there are valid situations where an existing support order may no longer reflect the current reality. Recognizing when and how modifications are possible under Texas law can help protect your financial interests and maintain fairness.

When Can Spousal Support Be Modified?

Spousal maintenance orders can be revisited when circumstances change in a way that significantly impacts either spouse’s financial standing. The Texas Family Code outlines the parameters for awarding and modifying support, typically focusing on the paying spouse’s ability to continue payments and the receiving spouse’s need for ongoing financial assistance. Some individuals presume that any dip or jump in income is enough to trigger a modification, but the law requires demonstrating a substantial and material shift in conditions.

Several considerations affect whether spousal support orders may be altered:

  • The length of time since the original support order was issued
  • The reason for seeking modification, such as a job loss, new employment, or remarriage
  • Whether the circumstances justifying a change could have been foreseen when the original order was issued

Texas courts commonly look for evidence that the shift in financial circumstances is significant rather than minor. Minor fluctuations in income or everyday expenses may not be sufficient. Proper legal guidance can help ensure that requests for modification align with the statutory definition of substantial and material change.

Qualifying Changes in Financial Circumstances

A variety of life events can constitute a change significant enough to warrant adjusting spousal support. A brief overview of common situations appears below, illustrating the shifts that frequently prompt courts to revisit the current order.

  • Significant income loss:
    A layoff or forced retirement can reduce the paying spouse’s ability to meet support obligations. Courts may consider whether attempts to find new employment were made, whether retirement is voluntary or required, and if medical issues limit the ability to earn income.
  • Substantial increase in the recipient spouse’s income:
    A new job, promotion, or other financial boon for the spouse receiving support may reduce the need for continued high-level payments. If the recipient spouse can now cover personal expenses independently, the paying spouse may argue that the maintenance order no longer reflects actual financial needs.
  • Remarriage or cohabitation of the recipient spouse:
    Texas law specifically addresses remarriage and cohabitation as factors that can terminate or reduce spousal maintenance. Cohabitation with a romantic partner may suggest that the receiving spouse’s household expenses are now shared or lowered, which can mean the existing support amount is no longer appropriate.

Legal Requirements for Seeking a Modification

Filing a motion to modify spousal maintenance involves meeting formal criteria under the Texas Family Code. Courts will not grant a change simply because one spouse claims there has been a shift. Evidence is needed to prove that a material and substantial change has occurred since the prior order was established. Legal counsel can play an essential role by ensuring that all required documentation and pleadings are properly filed.

Several steps are necessary:

  • Proving a “material and substantial change”:
    Courts generally require concrete proof of an unanticipated shift that significantly alters a party’s financial situation. Pay stubs, tax returns, and medical records often serve as supporting documentation.
  • Filing a modification request:
    Jurisdiction usually remains with the court where the divorce or spousal support decree was finalized. Documents must be submitted according to the court’s procedural rules and deadlines.
  • Meeting the burden of proof:
    The requesting spouse carries the responsibility to show compelling evidence that financial changes justify modifying or ending the support obligation. The paying spouse who seeks a reduction must often demonstrate diligent efforts to remedy any income loss, while the receiving spouse claiming an increase in support must highlight valid reasons for needing additional funds.

The Role of the Court in Evaluating Modification Requests

Judges rely on their discretion to determine whether a modification of spousal maintenance is appropriate. A court examines relevant factors, including the severity of financial changes and whether either spouse has acted in bad faith by intentionally reducing income or altering circumstances in an effort to manipulate support obligations.

Courts may review the following elements:

  • Assessing financial hardships:
    A judge typically weighs each spouse’s current earnings, living expenses, and potential earning capacity. If one spouse can work but chooses not to, the court may impute income to that individual.
  • Bad faith income reductions:
    Deliberately quitting a job or accepting lower-paying work in an attempt to avoid paying support does not typically warrant a reduction. Courts may review employment history, educational background, and industry standards to determine whether a job change was done in good faith.
  • Documentation and financial disclosures:
    Thorough and accurate financial records are essential. Bank statements, pay slips, and letters from employers can help show that a party’s claim of financial hardship or improved circumstances is genuine. Statements from doctors or disability benefits providers can also support the need for modification.

Texas Statutes Governing Spousal Support Modification

Texas law recognizes that life circumstances can shift after a divorce is finalized. Two critical legal provisions shape the framework for modifying spousal maintenance under these circumstances.

  • Texas Family Code § 8.057 – Modification or termination of maintenance:
    This section outlines how and when a court may alter or terminate a spousal maintenance order. It typically requires a showing of a material and substantial change in the financial resources of either party since the original order was rendered.
  • Texas Family Code § 8.059 – Effect of remarriage or cohabitation:
    This provision speaks directly to scenarios in which the receiving spouse either remarries or engages in a continuing cohabitation relationship. It offers guidance on when a paying spouse may file to end or reduce spousal support obligations if the court determines that the new living arrangement affects the need for maintenance.

Practical Steps for Filing a Modification Request

Proactive efforts help streamline the process of seeking a court-ordered modification. A proper approach builds a solid foundation for persuading a judge that changed circumstances meet the legal threshold for adjusting spousal maintenance.

  • Gathering financial records and evidence of changed circumstances:
    Bank statements, income tax returns, and documents showing employment status are among the most valuable forms of evidence. The party seeking the modification should compile proof of relevant changes, such as a layoff notice or medical documentation.
  • Filing a motion with the court and serving the other party:
    A written petition must be submitted to the court with proper jurisdiction. The other spouse must be served with notice of the request and given a chance to respond. Legal deadlines apply for filing and responding to motions.
  • Attending a hearing and presenting evidence:
    A judge often schedules a formal hearing where each party can present arguments and evidence supporting or contesting the request. The court reviews the circumstances, hears testimony, and ultimately determines whether the evidence meets the statutory requirement of a substantial change.

Need to Modify Your Spousal Support? Contact Cutrer Law Group

Cutrer Law Group provides experienced representation for individuals who need to adjust their spousal maintenance obligations due to changing financial circumstances. Knowledge of Texas Family Code provisions and a practical understanding of court procedures help ensure a strong approach to filing and arguing a modification request.

Each situation is unique, and professional guidance can make a difference when presenting facts about income changes, cohabitation issues, or medical hardships. A conversation about eligibility for a spousal maintenance modification can help protect financial well-being and clarify legal options under Texas law.

Call 817-854-1651 for a free consultation with an attorney at Cutrer Law Group today.