Spousal support—also called spousal maintenance in Texas—is a court-ordered payment from one former spouse to another after divorce. It’s meant to help the lower-earning spouse meet basic needs and adjust financially after the marriage ends; however, life changes. A job loss, medical issue, or remarriage may raise a fair question: Can spousal support be reduced after divorce?
At Daniel Ogbeide Law, we help clients on both sides of this issue understand when courts may allow changes and how to take proper legal action to modify a spousal maintenance order.
Understanding Spousal Maintenance in Texas
In Texas, spousal maintenance isn’t automatically granted in every divorce. The spouse requesting support must meet specific criteria, and the court will assess multiple factors to determine the amount and duration of support. These include:
- Length of the marriage
- Financial resources of both parties
- Contributions to the marriage (e.g., as a homemaker or caregiver)
- Physical or mental disabilities
- History of domestic violence
Once the court issues a spousal maintenance order, it is legally binding. That means both parties must follow the terms unless the court formally modifies them.
When Can Spousal Support Be Reduced?
The Texas Family Code allows for the modification or termination of spousal maintenance if there’s a material and substantial change in circumstances. Some of the most common reasons include:
1. Loss of Income or Employment
If the paying spouse loses their job, suffers a pay cut, or becomes unable to work due to health issues, the court may consider this a valid reason to reduce the support amount. However, the loss must be involuntary and not caused by willful actions to avoid payment.
2. Improved Financial Standing of the Receiving Spouse
If the recipient of spousal support becomes self-sufficient—through employment, inheritance, or other means—the paying spouse may request a modification.
3. Remarriage or Cohabitation
Spousal support typically ends automatically if the recipient remarries. In some cases, if they are cohabiting in a romantic relationship that provides financial support, a judge may agree to reduce or terminate the payments as well.
4. Health or Disability Issues
Serious health conditions affecting either party can be a basis for modification, especially if they impact earning capacity or increase medical expenses significantly.
How to Request a Modification
You cannot simply stop paying or reduce the amount on your own. A formal petition to modify spousal maintenance must be filed with the court. This process includes:
- Demonstrating a material and substantial change
- Providing evidence such as financial documents, medical records, or employment termination letters
- Possibly attending a hearing where both parties present their arguments
As experienced family law and litigation attorneys in Houston, we guide clients through every step—from filing motions to representing them in court—to ensure their rights and obligations are clearly understood and upheld.
What If a Spouse Refuses to Comply?
If either party fails to follow the spousal support order without getting a court-approved modification, the other party can take enforcement action. This may involve:
- Filing a motion to enforce
- Seeking wage garnishment
- Pursuing contempt of court charges
Our team of enforcement attorneys works diligently to resolve these disputes and help clients get the financial support they’re legally owed—or stop unfair enforcement attempts when circumstances have changed.
Can Spousal Support Increase?
While reductions are more common, in rare cases, a spousal maintenance order may be increased. This usually occurs when:
- There’s a sudden, unforeseen hardship
- The paying spouse’s income has significantly increased
- The original order did not meet basic needs due to errors or omissions
If you believe your current support order no longer reflects your situation fairly—whether you’re the paying or receiving spouse—our family lawyers in Houston are here to evaluate your options.
Why Legal Support Matters
Spousal support modifications are complex. Courts require compelling evidence and strict adherence to legal procedures. Going it alone can lead to denied motions or worse—accusations of noncompliance. Working with a trusted family law attorney ensures your case is presented effectively.
At Daniel Ogbeide Law, we serve as trusted advocates for clients seeking clarity and control during life transitions. Whether you’re looking to reduce, increase, or terminate spousal support, our team is equipped to protect your interests and provide confident guidance in and out of court.
Let’s Talk About Your Support Order
Life changes—your spousal support order should reflect that. At Daniel Ogbeide Law, we understand the personal and financial impact of divorce and ongoing obligations. If you’re unsure whether your current spousal maintenance order is fair or sustainable, don’t wait. Contact us today for a personalized consultation with our compassionate and experienced family law attorneys in Houston. We’re here to help you take the next step forward—confidently and legally.