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Can spousal maintenance be adjusted post-award?

By Katie L. Lewis

Couple reviewing divorce-related financial documents

Life can take unexpected turns. This unpredictability may impact one’s financial situation, health or other aspects of one’s life. This could lead them to reconsider the terms of spousal support agreed upon during their divorce. The pressing question then becomes: can these agreements be adjusted when circumstances change significantly?

Dealing with matters post-divorce can be challenging, especially regarding changes in spousal support. Under special conditions, Texas courts may adjust original spousal maintenance orders. Some situations that could lead to a change in the spousal maintenance amount include:

  • An increase or decrease in the paying spouse’s earnings
  • An increase or decrease in the receiving spouse’s income
  • Change in the receiving spouse’s health that affects their ability to work
  • Change in the paying spouse’s health that affects their ability to pay
  • Change in the receiving spouse’s marital status (remarriage)
  • Change in the receiving spouse’s cohabitation status (living with a new partner)
  • Change in the needs of either spouse

Until there is an official modification by the court, the paying spouse must continue to adhere to the conditions of the current court order.

Changes to spousal maintenance could affect both the amount of money and the payment schedule. For instance, if a court originally set up monthly payments, that is the established routine. However, if substantial changes occur, the court can revise both the payment amount and frequency. Changes in spousal maintenance could significantly impact many individuals’ living standards. It is essential to fully understand this before making any big decisions.

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