San Angelo Divorce And Criminal Defense Lawyer Serving West Central Texas

The impact of remarriage on spousal support

On Behalf of | May 20, 2024 | Family Law |

Remarriage can change many aspects of life after a divorce, including the financial support one ex-spouse provides to the other. Spousal support, also known as alimony, ensures that the receiving ex-spouse can maintain a standard of living similar to what they had during the marriage.

Understanding how remarriage affects spousal support helps both ex-spouses know their rights and responsibilities.

Receiving ex-spouse gets remarried

In Texas, if the ex-spouse receiving spousal support gets remarried, the support ends automatically. The paying ex-spouse does not need to take any action or go to court for this to happen because the new marriage ends the obligation.

Paying ex-spouse gets remarried

If the ex-spouse paying spousal support gets remarried, the payments do not change. They must continue to make payments to the receiving ex-spouse as ordered by the court. The new marriage does not affect the existing support order.

Receiving ex-spouse cohabitates

Sometimes, the receiving ex-spouse does not remarry but starts living with a new partner, a situation called cohabitation. In Texas, cohabitation can also end spousal support payments. The paying ex-spouse must prove that the receiving ex-spouse is living with someone else in a permanent relationship. If the court finds enough evidence of cohabitation, it can stop the spousal support payments.

Modifying or terminating support

When circumstances change, the paying ex-spouse can ask the court to modify or end spousal support. The court will then review the case and decide if the support should continue or end. Circumstances affecting this include changes in income for either party, changes in employment, remarriage or cohabitation of the recipient, and significant changes in financial needs or abilities.

Knowing how remarriage affects spousal support in Texas can help individuals plan their financial futures more effectively.