Termination of Spousal Maintenance

Duration of Spousal Maintenance

The duration of spousal-maintenance obligations is typically limited and varies depending on the length of the marriage. Courts follow guidelines when issuing maintenance orders, and they have discretion to extend the duration of payments in certain circumstances. For instance, if the marriage lasted between ten to twenty years, spousal maintenance cannot exceed five years. For marriages lasting twenty to thirty years, the order cannot be in effect for more than seven years. If the marriage lasted thirty years or more, spousal maintenance may be paid for up to ten years. However, courts may order payments for longer periods if the party seeking maintenance is unable to earn enough income due to disability or caring for a disabled child. In some cases, spousal maintenance may terminate automatically after the specified duration of the obligation has expired.

Early Termination of Spousal Maintenance

The Texas Family Law Code outlines circumstances under which spousal maintenance can be terminated. If the paying spouse dies, the maintenance obligation automatically ends, and the same holds if the party receiving maintenance remarries. However, the remarriage of the paying spouse does not terminate their maintenance obligation.

A court may also grant a petition for termination of spousal maintenance if it finds that the recipient lives with another person with whom they are in a romantic relationship. Evidence of cohabitation is crucial for this, but it can be challenging to prove. Some parties may try to conceal their relationship by keeping it secret or only putting their name on the lease or deed to the property. In such cases, hiring a private investigator may help gather evidence.

Speak with an Experienced Divorce Attorney

In certain situations, spousal maintenance can be appropriate, but that does not imply that parties cannot undermine their eligibility for receiving this assistance. The attorneys at Wilson Whitaker Rynell can examine the specifics of your case and advise you on any options that may be available. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.