Texas courts often award alimony to allow a lower earning spouse to enjoy a similar lifestyle to the one they grew accustomed to during their marriage. These payments are not always permanent. What’s more, they could be terminated before the projected end date depending on the actions of the receiving spouse.
If a receiving spouse remarries, the paying spouse’s obligation to provide alimony is automatically terminated. The paying spouse does not have to take any additional steps or attend court to modify the agreement – they may simply stop paying.
This ending does not apply to overdue payments. Any outstanding spousal support expected before the receiving spouse’s remarriage must be repaid completely. The paying spouse is only cleared from any additional payments.
Cohabitation is a recognized ground for the termination of alimony. However, the process is slightly more complicated than termination based on remarriage.
A paying spouse may file a motion to terminate alimony with the family court. Here, they will be tasked with showing sufficient proof that the receiving spouse is living with someone whom they have a relationship with. Evidence could include a joint lease, both individuals having belongings and receiving mail at the residence, and more.
The paying spouse must wait until the termination is granted to stop payments. They remain responsible for all alimony until a court officially modifies or terminates their agreement.
Changes in Circumstance
Spousal support may also be modified or terminated because of a change in circumstance of either partner. Here too, the spouse seeking a change must file a motion with the county clerk and provide evidence proving a significant change in circumstance.If you need to modify your alimony agreement, or defend your payments from being reduced, contact The Springer Law Firm. Our attorneys will represent your needs and fight for your future. Call us to get started: (281) 990-6025.