Division of community property in Texas should give each spouse firm financial footing on which to start the next chapter of their life. But sometimes those assets simply aren’t enough. When a spouse gives up their education or career to support their spouse or to raise a family, they can be at a disadvantage as they move into their post-divorce life. It can be hard for these individuals to secure meaningful employment, thus making it hard for them to be self-sufficient. That’s where spousal support can come into play.
But even after an initial alimony determination is made, there may be need to modify the amount that’s paid. Let’s take a closer look at what circumstances may warrant a spousal support modification in Texas.
When can spousal support be modified in Texas?
Your initial alimony order isn’t set in stone. In fact, under Texas law, modification can be sought when there’s been a material and substantial change in circumstances. That’s a broad standard that can be difficult to get your hands around, so let’s look at some examples of when modification may be appropriate:
- The paying spouse’s income has changed: If a spouse loses their job or they’re demoted, then their decreased income will make it harder for them to meet their support obligation. In this circumstance, the court may be inclined to reduce the amount of support paid. If, on the other hand, a spouse gets a big raise or changes jobs to a higher paying position, then the other spouse might be justified in seeking a more significant alimony payment.
- The receiving spouse’s circumstances change: Remember, alimony is meant to help support a receiving spouse until they can become self-sufficient. So, if the receiving spouse acquires a higher paying job or their financial needs decrease, then the paying spouse might be warranted in requesting a decrease in their alimony obligation. If the receiving spouse loses their job or has increased needs, though, then they might be able to secure a larger alimony payment.
- Remarriage or cohabitation: If the receiving spouse sparks a romantic relationship with a new partner, then there may be evidence to support a request for modification, especially if that new love interest is providing financial support to the receiving spouse. A spousal support obligation should end when the receiving spouse remarries.
- Declining health: Poor health on the part of either spouse can affect an alimony obligation given that a serious medical condition can reduce one’s ability to work and can increase the money they have to spend on their medical care. Therefore, if the condition in question is significant and ongoing, then the party who is subjected to it will likely be justified in filing a motion for modification.
There may be other reasons to seek a modification of your existing spousal support order. Just make sure you’re able to articulate how, based on new evidence, there’s been a material and substantial change in circumstances that warrant the change.
Do you need legal help with your alimony issues?
A spousal support order can significantly impact your life, regardless of whether you’re paying the obligation or receiving the support. Therefore, when issues arise, you need to make sure you protect your interests as fully as possible. This means diligently gathering evidence and educating yourself on the law so that you can make the aggressive arguments needed to convince the judge to side with you. If that’s something you need assistance with, please be sure to wrap yourself in whatever kind of support you may need.