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Divorce

alimony modification

Alimony, spousal support, spousal maintenance, or domestic partner support (collectively, spousal support) is generally financial support in the form of periodic payments (usually monthly) paid by one spouse or domestic partner to the other spouse or domestic partner upon divorce.

The person paying spousal support or the person receiving spousal support may seek to modify the court’s order for support—usually by increasing it or decreasing it—due to a material change in circumstances of the person paying support or the person receiving support.

Spousal support laws vary from state to state and are generally located in a state’s statutes—often in the family or domestic code.

In Texas, spousal maintenance, commonly referred to as alimony, is the financial support paid by one ex-spouse to the other following a divorce. Texas law is relatively strict regarding the awarding of spousal maintenance and it is not granted in every divorce case. To be eligible for spousal maintenance, the spouse seeking support must meet certain qualifications, such as being unable to earn sufficient income to meet their basic needs, or the marriage must have lasted for at least 10 years, among other conditions. The amount and duration of spousal maintenance are determined by factors including the length of the marriage, the financial resources of each spouse, and the contribution of one spouse to the other's education or earning capacity. Either party can request a modification of the spousal maintenance order if there is a material and substantial change in circumstances. This could include changes in employment, health conditions, or significant changes in income. The modification process requires the party seeking the change to file a motion with the court that originally granted the spousal maintenance.


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