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Can I Lose My Alimony In Texas?

Can I Lose My Alimony in Texas?

Alimony, also known as spousal support or spousal maintenance, is sometimes awarded to one spouse after a divorce. The goal of alimony is to ensure the less-moneyed spouse can maintain their lifestyle and financial wellbeing.

If you’ve been awarded alimony, you may wonder if it’s something you can lose. In Texas, the loss of alimony can be triggered by certain circumstances. Let’s dive in.

Who Is Eligible for Alimony in Texas?

First, it’s important to understand who’s eligible to receive alimony in Texas. After all, it isn’t automatic for every divorce. The court will determine eligibility for alimony based on many factors such as:

  • Length of the marriage
  • Age of each spouse
  • Earning capacity for each spouse
  • Contributions to the marriage

The court may order spousal maintenance if the spouse receiving it has a disability that hinders their ability to work. Another reason for a court to award maintenance is if a spouse must stay home to care for a child with a disability or impairment.

What Events Can Trigger the Loss of Alimony Payments?

Court-ordered alimony payments have a specific end date. For example, if you and your spouse were married for over 30 years, you could receive alimony payments for up to 10 years after your divorce. However, certain events can trigger an early termination of your payments:

  • If the court-ordered alimony is based on your disability and you improve to the point of being able to work again.
  • If your earning capacity increases with a new job or inheritance.

On the flip side, if your ex experiences a disability or loses his or her job, the court may terminate based on their inability to pay.

What If My Ex-Spouse Tries to Unfairly Terminate My Alimony?

If your ex-spouse wishes to terminate your alimony, they’ll need to show proof of your increased capacity or improvement. Without it, the court will have no reason to terminate unless you’ve reached the end date. An attorney can also help you protect your rights if your ex should try to treat you unfairly.

Questions About Spousal Maintenance? Call Us Today.

Are you concerned about losing your alimony due to a qualifying event? Worried about your financial situation? Our Fort Worth divorce attorneys can help you. To learn more about alimony or for answers to your questions, give our Fort Worth office a call at 817-755-1852 or send us a message.

 

 

What to Do If Your Ex Stops Paying Spousal Maintenance

Spousal maintenance, also known as spousal support or alimony, is critical for many after a divorce. Spousal support may be one of the ways you support yourself financially as you move forward. Yet, what happens if your ex-spouse stops paying?

What You Can Do If Your Ex Stops Paying Spousal Maintenance

We recommend calling a family law attorney who can act on your behalf. An attorney will guide you through the steps required to obtain what’s owed to you. Without an attorney, you run the risk of filing incomplete documentation which can delay your payments further.

Filing a Motion

First, you and your attorney must determine why your ex stopped paying maintenance payments. For example, if your ex-spouse lost their job or suffered an injury resulting in unemployment, the court may decide to reduce the amount owed each month or suspend payments until they’re able to pay.

If your ex-spouse simply refuses to pay, your attorney can help you file a motion with the court. The motion will ask the court to enforce an order stating your ex-spouse must make payments now and for the foreseeable future.

If the court rules in favor of the motion, your ex will be forced to make the payments immediately. If they don’t have the funds to make the payments, the court may choose to withhold a part of your ex’s income or award you with other assets.

What to Do If Your Ex Stops Paying Alimony | Schneider Law Firm, P.C. | iStock-952098674
817-799-7125 – Has your ex stopped paying their court-ordered spousal maintenance? There’s help available to you. To learn more, visit us today.

Failure to Comply

If your ex still refuses to comply with the court order, they can be held in contempt of court. Contempt can result in hefty fines and even jail time if your ex refuses to make amends.

A Note About Contractual Alimony

Spousal maintenance is court-ordered. Contractual alimony is support that’s voluntarily agreed upon by you and your spouse. If for any reason your ex stops paying contractual alimony, they can’t be held in contempt of court. If your alimony is contractual, it’s even more important to contact an attorney to discuss your options.

Call Schneider Law Firm Today for Help

If your ex-spouse has stopped paying spousal maintenance, please reach out for help. To learn more about alimony and maintenance, give our Arlington office a call at 817-799-7125 or send us a message.