Modification of Spousal Maintenance in Texas
A spousal maintenance order can be modified after it is entered when the circumstances of either party change in a material and substantial way. But the availability of modification depends heavily on how the support obligation was structured in the original decree. Not all post-divorce support in Texas is modifiable, and understanding the distinction between court-ordered maintenance and contractual alimony is essential before filing a modification petition.
For related post-decree issues, see our pages on modification of child support and modification of conservatorship. Our full family law solutions page describes all the family law services we offer.
Court-Ordered Maintenance vs. Contractual Alimony
Texas distinguishes between two types of post-divorce support obligations. The first is court-ordered spousal maintenance under Chapter 8 of the Texas Family Code. This type of maintenance is imposed by the court when the eligibility requirements of the statute are met, and it is subject to the statutory caps on amount and duration set out in the code. Court-ordered maintenance can be modified on a showing of material and substantial change.
The second type is contractual alimony, which is a support obligation that the parties agree to in a written agreement and which is incorporated into the divorce decree. Contractual alimony reflects a private contract between the parties, not a statutory entitlement, and its modification is governed by contract law, not family law. Unless the agreement itself includes a modification provision, contractual alimony generally cannot be modified unilaterally through a family court proceeding, regardless of changed circumstances.
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This distinction has significant practical consequences. In many Texas divorces, the parties enter into a settlement agreement that includes spousal support, and whether that support is characterized as court-ordered maintenance or contractual alimony determines whether it can be modified later. Getting that characterization right at the time of divorce is critically important, and it is one reason why how support is structured matters as much as the amount.
The Legal Standard for Modification of Court-Ordered Maintenance
Texas Family Code Section 8.057 provides that a court may modify a spousal maintenance order if the circumstances of either party have materially and substantially changed since the date of the order. There is no minimum time requirement; the change can occur at any point after the order is entered.
The party seeking modification bears the burden of demonstrating the material and substantial change. Courts look at the circumstances that existed at the time the original order was entered and compare them to current circumstances to determine whether the change is sufficient to warrant modification.
Circumstances That Can Support Modification
Either the obligor or the obligee can seek modification based on changed circumstances. Common situations that have supported modification requests include:
For the Obligor (the Payor)
- A significant reduction in income, including job loss, medical disability, or retirement
- A material change in financial obligations, such as a new support obligation for other children
- Reaching retirement age in good faith, rather than as a deliberate attempt to avoid the maintenance obligation
For the Obligee (the Recipient)
- A significant reduction in the recipient’s own income that was not anticipated at the time of the original order
- A new or worsened medical condition that increases the recipient’s financial needs
- Loss of employment through no fault of the recipient
Circumstances That Terminate Maintenance
Texas law provides that court-ordered spousal maintenance terminates automatically on certain events, regardless of any pending modification proceeding. Maintenance terminates upon:
- The death of either party
- The remarriage of the obligee
- A finding by the court that the obligee is cohabitating with another person in a permanent place of abode on a continuing conjugal basis
The cohabitation ground requires a court finding after notice and hearing. It is not automatic in the way that death and remarriage are, and proving cohabitation in the legal sense requires more than showing that a person has a romantic partner or a roommate.
Duration and Amount Limits
Court-ordered spousal maintenance in Texas is subject to statutory caps on both duration and amount. The maximum duration of maintenance under Chapter 8 depends on the length of the marriage: up to five years for marriages of ten to twenty years, up to seven years for marriages of twenty to thirty years, and up to ten years for marriages of thirty years or more. There is an exception for marriages of any length where the obligee has a disability that prevents self-support, or where the obligee is a caregiver for a disabled child.
The maximum monthly amount is the lesser of $5,000 or 20 percent of the obligor’s average monthly gross income. A modification cannot increase the maintenance above these statutory ceilings.
Strategic Considerations
The decision whether to structure post-divorce support as court-ordered maintenance or contractual alimony, and in what amount and duration, should be made with modification risk clearly in mind. An obligor who expects significant income volatility may prefer the flexibility of modifiable maintenance. An obligee who wants certainty and security may prefer contractual alimony that cannot be unilaterally modified. Our firm addresses these tradeoffs at the time of divorce so that clients understand exactly what they are agreeing to. See our family law solutions page for more on our divorce practice.
