Royse City, TX asked in Divorce and Family Law for Texas

Q: How to legally terminate a court-ordered spousal maintenance

My husband got a Texas court-ordered spousal maintenance in his '09 divorce (after a 10+yr marriage) which is to end after employment, death, remarriage or cohabitation of his disabled ex. She informed him that she'll be moving in with her fiancé in December and marrying in April '23. What are the steps to legally end the spousal payments?

Thank you very much for any detailed explanation.

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: At the outside, the longest court-ordered spousal maintenance can last in a Texas divorce decree is 10 years (if the spouses were married to each other for 30 years or more). Tex. Fam. Code 8.054.

If the decree was entered in 2009, it has already expired.

Otherwise, your husband should file a motion to modify to discontinue the obligation.

Note: Court-ordered spousal maintenance is different than contractual alimony.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.