Modifying Spousal Maintenance

While possible, modifying spousal maintenance poses substantial challenges. In Texas, a requesting party carries the burden of demonstrating a material and substantial change in circumstances that warrants a modification. Examples may include demonstrating that a recipient has gained substantial employment, or that an owing party faces extreme financial hardship through no fault of their own. Generally, spousal maintenance is only awarded short-term in a divorce. However, spouses with major disabilities may petition for the continuation of support awards beyond their initial terms. Examples of a major disability include bipolar disorder, schizophrenia, PTSD, or complications arising from amputation or paraplegia. In the event continuation, a court may request period reviews to verify the status of an underlying disability.

If you suspect that the modification of spousal maintenance is at issue in your case, contact an experienced family law attorney to discuss potential courses of action.