A maintenance order is not permanent, and it is not self-executing. Chapter 8 sets out exactly when the obligation ends, when it can be changed, and what happens when someone stops paying.
When Maintenance Terminates
Under § 8.056, the obligation to pay future maintenance terminates on the death of either party or on the remarriage of the person receiving it. The court must also order termination if it finds that the recipient cohabits with another person in a permanent place of abode on a continuing, conjugal basis. Termination of the future obligation does not wipe out arrearages that accrued before it.
Proving Cohabitation
Cohabitation cases are evidence cases. Courts look for shared residence over time rather than an occasional overnight stay: mail and voter registration, utilities and leases, vehicles at the residence, shared expenses, social media, and sometimes surveillance. The burden is on the party seeking termination, and the standard is more demanding than most people expect.
Modification
Section 8.057 allows a maintenance order to be modified on a showing of a material and substantial change in circumstances of either party since the order was rendered. Job loss, disability, retirement, or a significant change in income can qualify. Two limits matter: a modification cannot exceed what the statute would have permitted originally, and a modification is effective only as to payments accruing after the motion is filed and notice is given. Nothing is retroactive to the day you lost your job — it is retroactive at best to the day you filed. File promptly.
Income Withholding
Court-ordered maintenance can be enforced through an income withholding order directed to the obligor’s employer under § 8.101 and the sections that follow it. Section 8.106 caps how much of disposable earnings may be withheld, and § 8.107 makes the order or writ binding on an employer doing business in Texas. For contractual alimony, withholding is generally available only where the parties agreed to it in their agreement — another reason the drafting matters.
Enforcement and Contempt
Section 8.059 allows the court to enforce a maintenance order by contempt, which can include fines and confinement. The statute also recognizes an affirmative defense for an obligor who lacked the ability to provide the support, lacked property that could be sold or borrowed against, and could not reasonably have borrowed the money. Unpaid maintenance can also be reduced to a money judgment and collected like any other judgment.
Practical Advice for Both Sides
- If you pay: pay through a traceable method, never in cash, and never rely on an informal agreement to reduce payments. Only a court can modify a court order. File a motion the moment your circumstances change.
- If you receive: document every missed payment as it happens, and act rather than waiting. Delay makes collection harder and can complicate enforcement.
Frequently Asked Questions
Does spousal maintenance stop if my ex remarries?
Yes. Under Section 8.056 the obligation to pay future maintenance ends on remarriage of the recipient or the death of either party.
Can maintenance be reduced if I lose my job?
It can be modified on a material and substantial change in circumstances, but only for payments accruing after you file. There is no retroactive relief to the date of the job loss.
What happens if my ex stops paying maintenance?
Court-ordered maintenance can be enforced by contempt, income withholding, and a money judgment for the arrearage.
Texas Statutes Referenced
- § 8.056 — Termination
- § 8.057 — Modification of Maintenance Order
- § 8.058 — Maintenance Arrearages
- § 8.059 — Enforcement of Maintenance Order
- § 8.101 — Income Withholding; General Rule
- § 8.106 — Maximum Amount Withheld from Earnings
- § 8.107 — Order or Writ Binding on Employer Doing Business in This State
Related Pages
Talk With a Texas Divorce Attorney
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