Your divorce is final and your spousal support is set, but your finances look nothing like they did when you signed that decree. Maybe your income dropped, your health changed, or your former spouse looks comfortably settled with a new partner. You are stuck wondering if you are legally trapped in the original number or if there is a way to change it in a Houston court.
For many people in your position, the hardest part is not the money itself, it is the uncertainty. You may hear different things from friends, online forums, or even your ex. Some say a single job loss is enough to lower support, others insist nothing can ever be changed. In reality, Houston judges follow specific rules under Texas law and pay close attention to the exact wording in your divorce decree.
In our work at Bastine Law Group, we sit down with Houston-area clients regularly to review their decrees and current circumstances before anyone makes a move on spousal support. Texas treats different types of support differently, and a court will generally only modify a support order if you can show a material and substantial change in circumstances. In this guide, we walk through what that actually means, which changes matter, how the process works in Houston courts, and when it makes sense to consider a modification.
When Can You Modify Spousal Support In Houston?
The first question we focus on is very simple: is your support order even modifiable. Not every payment that looks like alimony on paper can be changed by a judge later. In Houston, courts generally have the power to modify court-ordered spousal maintenance when circumstances change, but they may have little or no power to change purely contractual payments that the two of you agreed to as part of property division.
For court-ordered spousal maintenance, Texas law allows a court to modify the amount if there has been a material and substantial change in circumstances for either ex-spouse. In plain terms, that means something significant and lasting has changed since the date of the original order, such as a serious income shift, health crisis, or the supported spouse’s remarriage. The change must be more than a minor bump. Judges are usually looking for something that truly alters your ability to pay or your ex’s need for support.
Most modification requests in the Houston area are filed back in the same court that granted the original divorce. If your case was in a Harris County family district court, for example, that court typically keeps jurisdiction over later modifications. Before filing anything, we review your decree carefully to see how support is labeled, how long it is supposed to last, and whether there are built-in limits on modification. That early review often saves clients from chasing changes the court simply cannot make.
Spousal Maintenance & Contractual Alimony In Texas Divorces
One of the biggest sources of confusion we see is the difference between spousal maintenance and contractual alimony. These terms sound similar, but in Texas they can operate very differently. Spousal maintenance is a type of court-ordered support created by the Texas Family Code. Contractual alimony is a payment the two of you agree on in your settlement, usually treated more like part of your contract than a statutory obligation.
If your decree says something like spousal maintenance under Chapter 8 of the Texas Family Code, that is a strong hint that the support is statutory maintenance. Courts typically have the power to modify that kind of order when there is a material and substantial change, although they are still bound by state limits on how much and how long maintenance can run. Those statutory caps do not expand simply because your situation changed, so a modification usually adjusts the amount, not the maximum possible duration.
If your decree instead calls the payments contractual alimony or clearly states that they are part of a property settlement, the court’s power to change them can be much more limited. In some cases, the judge may not be allowed to modify the obligations at all unless both parties agree. In others, the decree may spell out narrow circumstances under which contractual alimony can be changed. When we review a Houston decree, we walk clients line by line through the support section so they know which category they are in before investing time and money in a modification attempt.
What Counts As A “Material And Substantial” Change In Houston?
Even if your support is the kind that can be modified, Houston judges will only consider a change if you can show that something material and substantial has shifted since the original order. This standard comes from Texas law, but what really matters in practice is how local courts apply it to everyday situations. We focus on what judges usually see as meaningful versus what they dismiss as routine ups and downs.
Common qualifying changes include an involuntary job loss, a significant and lasting reduction in income, a disabling illness or injury, or the supported spouse’s remarriage or qualifying cohabitation. For example, if a paying spouse in Houston’s energy sector is laid off and spends several months actively looking for comparable work while drawing a much smaller income, that pattern often looks very different to a judge than a brief gap followed by similar or higher pay. Courts generally expect people to keep trying to earn at their reasonable capacity.
On the other hand, not every change meets the standard. A small cut in pay, a temporary loss of overtime, or new personal bills do not usually convince a judge that your support should be reduced. Houston courts also pay close attention to whether an income drop is voluntary. If someone quits a well-paying job without a strong reason, or intentionally works far below their qualifications, the court may impute their prior earning capacity and refuse to lower support. Our job is to help you look honestly at your situation and assess whether the facts are strong enough to support a modification before you file.
How Remarriage & Cohabitation Affect Spousal Support
New relationships after divorce often raise tough questions about support. Many paying spouses assume that if an ex remarries or moves in with a partner, spousal support automatically stops. In Texas, the reality is more nuanced, and it depends both on the type of support and the language in your decree. We help clients sort through these questions before they do anything that might create arrears.
For court-ordered spousal maintenance, Texas law generally provides that the obligation ends if the supported spouse remarries. That usually means once there is a valid new marriage, ongoing maintenance payments should stop according to the statute and the order’s terms. However, if you are dealing with contractual alimony, the impact of remarriage depends heavily on what the settlement says. Some agreements state that payments continue regardless of remarriage, while others build in an automatic end.
Cohabitation is more complicated. The law looks for the supported spouse living with someone in a dating or romantic relationship on a continuing basis, not just casual dating or occasional overnight stays. Evidence of cohabitation might include a joint lease, shared utility bills, mail addressed to both at the same address, or social media showing a combined household. Courts in the Houston area typically want real proof that the new partner is effectively sharing life and expenses, not just visiting often. We work with clients to realistically evaluate whether an ex’s living situation likely meets the cohabitation standard before they take the risky step of cutting off support.
Why Informal Agreements Rarely Protect You
Another misconception we see is the belief that an informal agreement with your ex is enough to change support. Text messages, emails, or even a signed note saying you are fine with a lower amount feel reassuring in the moment. Unfortunately, in Houston family courts, the original order almost always controls until a judge signs a new one. Side deals usually do not protect you if the other party later decides to enforce the original terms.
If you simply stop paying or reduce payments based on a private understanding, the unpaid portion typically becomes arrears under the existing order. Those arrears can accrue interest and be enforced through court proceedings, wage garnishment, or even contempt in serious situations. Many paying spouses do not realize that a judge may have very limited power to forgive past due amounts, even if both parties shared the blame for the informal change.
Even when former spouses are on good terms and agree that support should go up or down, the safer course is usually to turn that agreement into a formal modified order. Lawyers for both sides can document the new terms and submit a proposed order for the judge’s signature. Once signed, that modified order replaces the old one and becomes enforceable going forward. At Bastine Law Group, we focus on transparent, documented solutions like this so clients are not blindsided years later by enforcement actions based on an outdated order.
The Process To Modify Spousal Support In Houston Courts
Knowing that a modification might be possible is only half the story. The next piece is understanding what the process looks like in a Houston-area court. While every case is different, there is a common sequence you can expect. We walk clients through this roadmap at the start so they are not surprised by the steps or the pacing.
Typically, we begin by reviewing your existing decree and gathering information about what has changed. Once we determine that a strong argument for material and substantial change exists, we file a petition to modify in the court that granted your divorce, for example a family district court in Harris County. The other party must then be formally served with the petition, unless they choose to sign a waiver or an agreed response. In some cases, temporary orders may be requested and considered while the case is pending, especially if the change is urgent and the current payments are not sustainable.
Houston family courts commonly encourage parties to resolve disputes through negotiation or mediation if possible. That is often where we can use documentation and a clear story about the changes to reach a reasonable adjusted amount without a full trial. If settlement talks do not succeed, the court will set the case for a hearing, where each side presents evidence and arguments about whether the legal standard for modification has been met. Throughout this process, the existing order usually stays in place, so continuing payments as ordered, or as close as you can reasonably manage, is important for credibility. Our team prioritizes clear, consistent communication about what is happening at each stage and what you need to do between filings, mediation, and hearings.
Evidence That Strengthens A Spousal Support Modification Case
The strength of a modification case often comes down to the quality of your evidence. Judges hear many stories about changed circumstances. What sets successful petitions apart is well-organized documentation that clearly shows what has happened since the divorce and how it affects your ability to pay or your ex’s need for support. We spend significant time helping clients gather and present this information in a way that makes sense to the court.
For income-related changes, useful documents include recent pay stubs, W-2s or 1099s, tax returns, and records from before and after your change in circumstances. A termination letter, unemployment benefit records, or employer correspondence can help show that a job loss or reduction was involuntary. If health is a factor, medical records that outline diagnoses, treatment plans, and work restrictions can be important. When we see a pattern across several months, such as a steady income drop or continued inability to work, that often carries more weight than a single document.
Evidence about the supported spouse’s situation can also matter. Marriage certificates show remarriage. Proof of cohabitation might include a joint lease, shared utility bills, or financial accounts, along with statements from neighbors or friends in some cases. If the receiving spouse’s income has increased substantially, updated pay information may support a reduction in support. We help clients organize these records in a way that clearly tells the story of what has changed and why the old order is no longer fair or realistic.
Should You Seek A Modification Now Or Wait?
Even if you have a potentially qualifying change, timing your modification request is a strategic decision. Acting too quickly can make it look like a temporary blip, while waiting too long can allow arrears to build or delay relief you genuinely need. We regularly help Houston clients think through these tradeoffs before deciding when to file.
Consider a paying spouse who has been laid off from a well-paying job and is drawing only unemployment benefits. If that situation has lasted for several months and job applications are not leading to comparable offers, filing sooner rather than later may make sense, because each month under the old order may create more strain and potential arrears. In contrast, if someone is on a short-term medical leave with a clear return date, or has just started a new job at slightly lower pay, a judge may view that as too early for a lasting change. In those cases, documenting the situation and monitoring income over a few months before filing can sometimes lead to a stronger case.
There is also the question of cost versus benefit. If the amount of support is relatively small and the change in circumstances is modest, the financial and emotional cost of litigation may outweigh the likely adjustment a court would make. Our results-driven approach means we talk honestly with clients about whether the potential change justifies the effort and expense. Sometimes the best move is to wait, gather better evidence, or explore negotiation first, rather than rushing to court. Other times, filing quickly is the safest way to align your legal obligations with your new reality.
Talk Through Your Houston Spousal Support Options With A Focused Legal Team
Spousal support in Houston is not carved in stone, but it is also not something you can change safely with a quick text message or handshake agreement. The type of support you have, the size and cause of your life changes, and the way you document those changes all affect whether a judge is likely to modify your order. You do not have to sort through those questions on your own or guess at what a court might do.
At Bastine Law Group, we take the time to understand your decree, your finances, and your goals, then map out realistic options for seeking a modification or deciding it is better to wait.
If you are wondering whether you can modify spousal support in Houston after divorce, we invite you to reach out and talk through your situation with our team online or call (832) 864-5524 so you can move forward with a clear plan.