Regarding divorce, alimony or “spousal support” is a big issue for many couples. But what happens to these payments if the recipient remarries? Alimony agreements, which are part of divorce settlements, can include terms that determine payment amounts and durations. Either spouse can petition a divorce court to modify alimony payments based on changing circumstances, such as remarriage. This is especially important in Texas where family law has its own rules and quirks.
In this blog, we’ll discuss how remarriage and cohabitation affect alimony in Texas and why you need an experienced alimony attorney in The Woodlands to understand and manage these legal and financial obligations.
Remarriage and Alimony
Remarriage and alimony are important for both the receiving and paying spouse, especially when it involves the remarriage of an ex-spouse, which can typically terminate the obligation of paying alimony. In Texas it’s clear and knowing this can help you manage your financial obligations.
Remarriage of the Receiving Spouse
When the spouse receiving spousal support remarries, the situation changes.
- Automatic termination of spousal support upon remarriage: In Texas, if the supported spouse remarries, their right to receive alimony ends. This means the paying spouse will stop making payments without having to do anything else.
- No court action is required to terminate: The law says the remarriage itself is enough to terminate spousal support. The paying spouse doesn’t have to file a motion in court to stop making payments; the obligation ends.
Remarriage of the Paying Spouse
On the other hand, if the spouse who is paying spousal support remarries, the rules are different.
- Obligations remain the same: The paying spouse’s obligation to continue making alimony payments doesn’t change just because they remarry. They must continue to fulfill the terms of the divorce decree or spousal support order.
- Continued payments under court order: Even with a new spouse, the paying spouse must continue to follow any existing court orders for alimony. Their new marital status doesn’t change their obligation to support the former spouse financially.
Cohabitation and Its Impact
Cohabitation can affect alimony in Texas. When the supported spouse starts living with someone new it raises the question of what’s the nature of their relationship and is it like marriage. Here’s how cohabitation affects spousal support. Such an agreement can include provisions for continued alimony payments despite cohabitation.
Cohabitation of the Receiving Spousal Support
- Termination: If the receiving spouse is cohabiting with someone new they may be terminated from alimony. The court may view this as a substitute for marriage and change the financial support dynamic.
- Proving the Relationship: To terminate alimony based on cohabitation the paying spouse must prove the receiving spouse’s living situation is like a marriage. This can include shared finances, joint responsibilities, and a long-term commitment.
- Court Order Required: Just living together doesn’t end alimony. A court must rule on the matter taking into account the specifics of the relationship and how it affects the supported spouse’s financial needs.
Modifying or Terminating Spousal Support
Knowing how to modify or terminate spousal support through alimony agreements is key, especially when circumstances change for those paying alimony. In Texas, many factors can affect whether alimony payments should continue, be adjusted, or end.
Changed Circumstances
When circumstances change significantly either party can seek to modify the existing spousal support order. Common reasons for modification are:
- Change in Income: If the paying spouse has a significant increase or decrease in income they can file to modify the payments. For example, if the paying spouse gets a promotion or loses their job these changes can affect their ability to pay alimony.
- New Relationships: If the supported spouse gets into a new romantic relationship that can also be grounds for modification. While remarriage automatically ends spousal support cohabitation without marriage may require a re-evaluation of the need for continued payments.
Remember modifications require a court order. The party requesting the change must show the court that the circumstances have changed. Documentation such as pay stubs, tax returns, or evidence of cohabitation can support the case. Either spouse can petition a divorce court to modify alimony payments based on these changed circumstances.
Documentation and Procedures
When it comes to alimony and remarriage in Texas, documenting the remarriage of an ex-spouse is key. This way all parties know their rights and obligations. Knowing how to document changes in marital status can prevent disputes and misunderstandings.
Documentation and Notice
- Documenting Remarriage: You must formally document your remarriage. This documentation is for the court and the paying spouse. Get a marriage certificate and keep it in a safe place. This will support your case if there’s ever a question about alimony payments.
- Formal Record-Keeping for Termination of Payments: Once remarried, individuals receiving spousal support must notify the paying spouse and the court. This notice usually includes a copy of the marriage certificate. Keeping records of all communications about alimony, including emails and letters, is also a good idea. This documentation will be helpful if there are disputes in the future.
Child Support
Child support and remarriage are important for both parents in a divorce. Child support operates differently than alimony and these differences can have a big impact on both parties’ financial responsibilities.
Child Support and Remarriage
- Child support is not affected by either parent’s remarriage. So even if the paying spouse gets remarried their duty to support their children continues uninterrupted.
- In child support cases, the focus is on the best interest of the child. The court prioritizes the child’s needs over the personal circumstances of either parent to ensure the child’s welfare regardless of the changes in the parental relationship.
- Remarriage doesn’t change child support but it may impact the paying spouse’s financial situation. If their new spouse contributes to the household income that could affect the paying spouse’s ability to pay child support. However, any modifications to child support must go through the court.
- Both parents should remember child support is not a negotiable obligation. Failure to pay court-ordered payments can result in serious legal consequences including wage garnishment or even jail time.
Other Legal Considerations
Understanding how different life events impact alimony is important for both the paying and receiving spouse. One important consideration is how the death of either spouse affects paying spousal support.
Termination Due to Death
- Alimony payments stop upon the death of either the paying spouse or the receiving spouse. So if the receiving spouse passes away the obligation to pay alimony ends immediately. If the paying spouse dies their estate is no longer responsible for making those payments.
- But any pre-marriage or cohabitation spousal support that has accrued still belongs to the deceased spouse’s estate. This includes any outstanding amounts owed before death. The surviving spouse or the estate should take care of this.
Contact an Experienced Woodlands Alimony Lawyer Today!
If you’re facing changes in your situation due to remarriage, cohabitation, or other life events, don’t navigate it alone. Our team at Bolton Law in The Woodlands is here to help you understand your rights and obligations under Texas law.
Contact us at 281-351-7897 for a free claim review today!
