Can I Modify an Alimony Order After Our Divorce?
Spousal maintenance, the Texas term for court-ordered alimony, can be changed after a divorce in some cases. Either person can ask the court that issued the order to raise or lower the payments. The court will only do so if circumstances have changed in a significant way since the maintenance order was signed.
Whether you can modify your order may also depend on how the alimony was set up in the first place. If you want to change your payments in 2026, a Bexar County, TX spousal support attorney can help you understand whether your order can be modified.
When Can a Texas Court Modify a Spousal Maintenance Order?
Under Texas Family Code Section 8.057, either spouse can file a motion to modify maintenance in the court that issued the original order. The other spouse must be formally served as if it were a new suit. The court then holds a hearing.
To change the order, you have to show a material and substantial change in circumstances since the order was signed. The change can relate to either spouse, or to a child of the marriage whose disability was part of the original maintenance award. Some examples that may qualify include:
- The paying spouse loses a job or takes a major pay cut.
- The paying spouse's income rises well above what it was at the divorce.
- The receiving spouse starts earning more or gets a better job.
- The receiving spouse's health or needs change significantly.
You'll also need proof of the change, such as pay stubs, tax returns, a termination letter, or medical records. Changes you could have predicted at the time of the divorce may also be harder to use as grounds.
Are There Limits on How Much a Texas Alimony Order Can be Changed?
Texas puts several limits on modification. A judge can lower payments or shorten how long they last if the evidence supports it, but increases are restricted. A court can't extend maintenance beyond the dollar amount or the remaining length of the original order. If your original order was $1,500 a month for five years, a judge can't raise it to $2,000 or extend it to seven years.
Every maintenance order is also capped by Texas Family Code Section 8.055. Payments can't be more than $5,000 a month or 20 percent of the paying spouse's average monthly gross income, whichever is less.
A modification only applies to payments that come due after the motion is filed. This means a paying spouse who wants to reduce their order should file quickly rather than simply stop paying.
Can Alimony End Early in Texas?
Spousal maintenance ends automatically if either former spouse dies or if the receiving spouse remarries. These events don't require going back to court.
A court must also end maintenance after a hearing if it finds that the receiving spouse is living with someone they're in a dating or romantic relationship with, in a permanent home on a continuing basis. Any payments that were already owed before maintenance ends are still due.
What if You Agreed to Alimony in Your Texas Divorce Settlement?
Many Texas couples agree to alimony as part of their settlement instead of having a judge order it. This is often called contractual alimony. It can be more generous than court-ordered maintenance, or last longer.
Contractual alimony generally isn't covered by the modification rules. Courts usually treat it as a contract between the spouses. Unless your agreement says it can be changed, a court may not be able to modify it, even if your income drops. The same applies to how and when it ends.
Call a San Antonio, TX Alimony Attorney Today
Before you stop or change payments on your own, it's worth finding out whether your order can be modified. Missed payments can still be enforced even if you later get the amount lowered.
Our firm focuses exclusively on family law. Our Bexar County, TX spousal support lawyers have training in dispute resolution and are fully prepared to advocate for you in court when an agreement isn't possible.
Call Brandon Wong & Associates at 210-201-3832 today to schedule your consultation.




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