If you were ordered to pay spousal support in your final divorce, you’re probably wondering if it will ever end. Every month, you have to pick up that pen and write out a check to someone you no longer love. This is why it is so frustrating when you learn that your ex-spouse is living with someone else.
It has nothing to do with jealousy. It’s just that you don’t feel you should be supporting their lifestyle if they now have someone else who can do that. The same is true if your ex remarries. Why should they get to have their cake and eat it too? Our Woodlands alimony lawyers are familiar with this sort of frustration.
That’s why we recommend you meet with a divorce lawyer in the Woodlands as soon as you suspect your ex is either remarried or cohabiting with a new partner. The thing about Texas law is that it agrees with those of you who feel it isn’t fair for you to continue to pay spousal support in these situations. All you have to do is file a motion with the court to modify spousal support.
If your Woodlands divorce attorney can prove that your ex is indeed living with someone new, it shouldn’t be hard to win your motion. Just remember – your spousal support will not terminate on its own. In fact, it will continue until the judge orders that it be terminated.
Spousal Support Will End Immediately Upon Your Ex-Spouse’s Death
Spousal support will end when your ex dies. It’s important to point out, however, that you will still need to file a motion with the court for your commitment to terminate. You must include a copy of your ex-spouse’s death certificate with your motion.
Your divorce attorney in The Woodlands, Texas will include this information in your certification as well. Once the judge (or their clerk) reads your motion and the attached papers, your request should be granted rather quickly.
You won’t have to attend a hearing unless, for some reason, one of your ex’s family members opposes the motion. Even if they do, it won’t change anything. The court cannot force you to pay spousal support once your ex passes away.
Your Ex Will Stop Receiving Spousal Support Payments When You DieÂ
It should go without saying that spousal support will also end when you pass away. The problem is that many of our clients have it set so that support payments come directly out of their bank account.
This means that the person handling your final affairs will need to notify the court that you have passed on. It would probably be best if they go to see your Woodlands divorce attorney to handle this for them. Your attorney can file a motion on behalf of your estate. This way, the money that you leave will go to your family members – not your ex-spouse.
Support Ends if Your Woodlands Divorce Attorney Can Prove Your Ex Is Cohabiting with Someone
Under Texas law, once your ex remarries, spousal support will end as well. However, you cannot sit idly by and wait for the payments to stop. Until you get a court order stating that these payments are no longer necessary, they will continue to become due. The same is true if your ex is living with a new partner. They do not have to be engaged.
All your divorce lawyer in the Woodlands will have to prove is that they are now permanently living with another person. You can do this by showing a change of address. Or your Woodlands divorce attorney may be able to submit social media posts that confirm that they have moved in with someone else.
The same is true if another person has moved into their existing residence. You will have to prove that the new person is now receiving mail at your ex-spouse’s address.
Your Divorce Lawyer in the Woodlands Can File a Motion on Your Behalf
As nice as it is to know that you will no longer have to pay spousal support, it’s crucial that you file your motion right away. If you wait a few weeks or months to have your divorce lawyer in the Woodlands file this motion, you’ll end up paying more money. You cannot ask for reimbursement for any spousal support payments already made.
What you can do is stop sending payments pending the judge’s decision. Keep this money in an escrow account. This way, if you happen to lose your motion, you will have proof that the money was set aside. And if you win your motion, you’ll have a nice lump sum of money you can use to perhaps pay your attorney’s fees.
It’s Important to Talk to One of Our Woodlands Divorce Attorneys as Soon as Possible
Once you realize that your ex-spouse is either remarried or living with someone, you need to call our office. The longer you wait to file your motion to terminate spousal support, the longer you’ll continue to write checks to your ex.
Our divorce attorneys in the Woodlands can review your existing order as well as any new information you have on hand. If it appears that there is sufficient proof that your ex-spouse is now living with someone new, we can file a motion with the court. The same is true if you have proof that they have remarried. Either of these things would qualify as the substantial change in circumstances necessary to modify or terminate spousal support.
Our divorce lawyers are used to our clients coming back in the months or years following their final divorce. While most issues can be resolved through your marital settlement agreement, there are times when you need to take post-divorce action.
Typically, this takes the form of a motion filed with the family court. Your lawyer will help you file the motion and required certification with the court. They will also ensure that your ex-spouse is properly served.
If you still have questions or concerns about your own situation, contact our office right away.
