Texas Alimony / Spousal Support

In Texas, in a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse.

Marital misconduct on the part of the party seeking spousal support is taken into consideration in Texas.

Eligibility Requirement to Receive Alimony in Texas:

Spousal support or maintenance in Texas can be awarded based on these factors :

Modification of Alimony in Texas

In Texas, the courts can modify the amount of alimony, by the filing of a motion in the court that originally rendered the order. Notice of a motion to modify maintenance and the response, if any, are governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit. A hearing will be held at which time the court may modify an original or modified order or portion of a decree providing for maintenance on a proper showing of a material and substantial change in circumstances of either party.

A loss of employment or circumstances that render a former spouse unable to support himself or herself through appropriate employment by reason of incapacitating physical or mental disability that occur after the divorce or annulment are not grounds for the institution of spousal maintenance for the benefit of the former spouse.

Termination of Alimony in Texas

Texas spousal support terminates upon the death of either party of the remarriage of the recipient. Additionally, after a hearing, the court will terminate the maintenance order if the recipient cohabits with another person in a permanent place of abode on a continuing, conjugal basis

Texas statutes regarding alimony can be found here: Texas FAMILY CODE TITLE 1. THE MARRIAGE RELATIONSHIP SUBTITLE C. DISSOLUTION OF MARRIAGE CHAPTER 8. MAINTENANCE

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