Full question:
I am a divorcee living in Texas. My ex-husband has been providing me alimony per the court order which helps me take care of my living expenses. But since two weeks I have been having a romantic relationship with someone. We have not decided to get married yet. But can the court terminate the alimony order if I start seeing someone else?
- Category: Divorce
- Subcategory: Spousal Support
- Date:
- State: Texas
Answer:
Yes, the Texas courts have the authority to modify or terminate alimony if either of the spouse’s entering into a romantic relationship with a third party. Texas law defines cohabitation as a dating or a romantic relationship between two parties who live together on a continual basis. Alimony ends when the supported spouse begins to cohabit with another person. However, this requires evidence to show that the supported spouse is living in a cohabiting relationship.Per Texas Family Code §8.056:
“(a) The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.
(b) After a hearing, the court shall order the termination of the maintenance obligation if the court finds that the obligee cohabits with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis
(c) Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination, whether as a result of death or remarriage under Subsection (a) or a court order under Subsection (b).”
Therefore, the court will order to terminate the alimony when the court finds that you have been cohabiting or having a romantic relationship with another partner on a continuous basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
