Can Spousal Maintenance Be Changed After a Texas Divorce?

 Posted on September 12, 2026 in Divorce

A divorce decree sets out each former spouse’s financial duties, but life can look very different a few years after the divorce. A change in income or another major life shift can make the original spousal maintenance (commonly known as alimony) order difficult for either person.

Texas law allows a court to change spousal maintenance after a divorce when a former spouse’s circumstances have changed significantly since the original order was entered. A North Texas divorce attorney can review your current order and explain whether a modification is available.

What Does It Take to Change Spousal Maintenance in Texas?

To change spousal maintenance, you must file a motion with the court that issued the original order.

Under Texas Family Code Section 8.057, the court can modify maintenance after a hearing when there has been a material and substantial change in circumstances since the order was entered. The change can involve either former spouse. In certain cases, a change involving a child of the marriage can also qualify.

The court looks at the new circumstances rather than reopening the original divorce. The person requesting the modification needs to demonstrate what has changed since the existing maintenance order was entered.

What Changes Can Support a Spousal Maintenance Modification in Texas?

Texas law directs courts to consider changes connected to the factors used in spousal maintenance decisions. This gives a judge a broader picture of each former spouse’s current financial situation.

Relevant changes can include:

• A major increase or decrease in either former spouse’s income
• A change in the receiving spouse’s ability to meet basic needs independently
• A serious change in health that affects a former spouse’s ability to earn income
• New employment or education that affects the receiving spouse’s earning ability

Not every financial change will justify a new maintenance amount. The change must be significant enough to justify modifying the order, and it must have occurred after the maintenance order or decree was entered.

How Much Can Spousal Maintenance Change in Texas? 

Texas courts cannot use modification to create a larger or longer award than the original order allowed. That means that the new amount cannot be higher than the amount awarded in the original order. The court also cannot extend maintenance beyond the time that remained under the original order. For example, if the original order provided maintenance for five years, a modification cannot turn that award into a longer period of support. Texas law places both limits directly on the court’s authority.

When Does Spousal Maintenance End in Texas?

Some events end spousal maintenance rather than simply changing the payment amount. Texas Family Code Section 8.056 states that future maintenance ends when either former spouse dies or when the person receiving maintenance remarries.

Cohabitation is handled differently. After a hearing, the court must terminate maintenance if it finds that the receiving former spouse is living with a romantic or dating partner in a permanent home on a continuing basis.

However, termination does not erase maintenance that was already due before the termination date. Any unpaid amount that had already accrued remains an obligation.

Do I Keep Paying Spousal Maintenance in Texas While a Modification Is Pending?

The existing maintenance order remains in place while a request for modification works its way through the court. Filing a motion does not give the paying spouse permission to choose a new payment amount.

Texas law also limits when a modification can take effect. A court can apply a change only to payments that come due after the motion to modify was filed. It cannot use a modification to change payments that accrued before the filing date.

This timing rule makes it important to seek a modification promptly after a major change. Waiting to file can leave additional payments due under the existing order.

Contact a North Texas Spousal Maintenance Attorney

When your financial situation has changed since your divorce, your existing spousal maintenance order might no longer reflect your current circumstances. The experienced lawyer at Moore Family Law, P.C. can help you navigate your post-divorce modifications.

Contact our Frisco, TX divorce lawyer to discuss whether you have grounds to request a modification. Call 214-764-8033 to schedule a consultation.