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Can spousal maintenance payments be cut off?

On Behalf of | Oct 10, 2022 | Divorce

You will make many decisions in the course of finalizing your divorce. You will have to figure out how to divide property, set up the child custody schedule and decide on child support. You may also have to determine spousal support.

Spousal maintenance payments generally help one spouse financially after a divorce when he or she makes less money or has fewer resources than the other spouse. In most cases, these payments are not meant to be forever. But even if you do not have a set end date, there are still ways under Texas law that could end the obligation.


If you are paying support, the obligation ends with your death. There is no continued payment from your estate or anything like that. The spousal maintenance order terminates when you die. It will also end if your former spouse dies. You have no responsibility to pay out the remainder of the term of the order to the person’s estate.


If you are paying and remarry, you still have to continue paying on the order. However, if your former spouse, who is receiving the payments, remarries, then your obligation will end. One thing to note is that a legal marriage may not be necessary. If you can show the court that your former spouse is in a relationship where he or she lives with the new partner and is acting as a committed couple, then you can ask the court to terminate the support order.

Keep in mind that even if your order ends, you still must pay any past-due maintenance that you still owe.

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