Alimony, also known as spousal support, is a financial support provided by one spouse to the other during or after a divorce. In Texas, alimony is awarded in cases where one spouse is unable to meet their basic needs due to the divorce, or if the other spouse has a significant income advantage. However, it is common for circumstances to change after a divorce, leading to questions about whether alimony can be changed. In this blog, we will examine the possibilities of modifying alimony in Texas.
Can Alimony be Modified in Texas? Yes, alimony in Texas can be modified. The state law allows for either party to request a modification of alimony if there has been a significant change in circumstances. This change must be substantial enough to warrant a modification of the original alimony award.
What Constitutes a Significant Change in Circumstances? There is no specific definition of what constitutes a significant change in circumstances, but it must be significant enough to affect the ability of either party to pay or receive alimony. Some examples of changes that may warrant a modification include:
- A substantial change in income or employment status of either party
- A significant increase or decrease in the cost of living
- A change in the health of either party that affects their ability to work or pay alimony
- A change in the marital status of either party, such as remarriage
- A change in the needs of either party, such as a significant increase in medical expenses
How to Request a Modification of Alimony in Texas In order to request a modification of alimony in Texas, either party must file a motion for modification with the court that issued the original divorce decree. The court will then hold a hearing to consider the request and make a decision based on the evidence presented. It is important to note that a modification can only be made if there has been a significant change in circumstances since the original divorce decree was issued.
If the court grants the motion for modification, it will issue a new order specifying the new alimony amount. The new amount must be reasonable and take into account the financial needs and resources of both parties.
Conclusion In conclusion, alimony in Texas can be modified if there has been a significant change in circumstances since the original divorce decree was issued. The process of modifying alimony requires filing a motion for modification with the court and presenting evidence of the change in circumstances. It is important to consult with an attorney to ensure that the process is handled correctly and to ensure the best outcome.