Skip to content 
A finalized divorce may close one chapter, but it doesn’t always end financial obligations—especially when it comes to spousal maintenance. Many are surprised to learn that even after the final decree is signed, a court can still impose support requirements under specific circumstances. These post-divorce responsibilities can catch people off guard if they assume everything is permanently settled. Understanding your rights and obligations after a finalized divorce is crucial to avoiding unexpected legal issues and ensuring long-term financial stability.
The Surprising Truth About Spousal Maintenance After a Divorce
A potential client recently asked me a direct question during a consultation at the Law Office of Bryan Fagan, PLLC: Can a court award spousal maintenance after a finalized divorce? This client had suffered a stroke two months after the divorce and could no longer work or cover her basic needs. She visited our office to ask if she could modify her divorce decree based on her new disability. Although the divorce had only been final for a short time, she still hoped for a legal path forward.
The law does not allow courts to add spousal maintenance to a finalized divorce decree, even when someone loses a job or suffers a serious disability after the divorce. Courts treat divorce decrees as final, and no one can reopen them just to insert a spousal maintenance order. The law protects both parties by preventing either side from relitigating divorce terms once the court closes the case—even if only a few months have passed.
How to Enforce a Spousal Maintenance Order
A person can file an enforcement case to hold someone accountable for violating a court order. In family law, this kind of case can lead to jail time. Courts treat these matters seriously, especially in cases involving unpaid spousal maintenance.
A court can enforce spousal maintenance through an enforcement action regardless of whether the judge ordered it or the spouses agreed to it in mediation. When a person fails to pay, the other party has the right to take legal steps to collect what the court ordered.
Some people confuse alimony with spousal maintenance. Alimony is a contractual obligation between two spouses, while spousal maintenance is a court-ordered obligation. Courts treat maintenance more like child support. Because alimony involves a private contract, courts usually will not send someone to jail for not paying it. In contrast, courts can treat failure to pay spousal maintenance as contempt of court, which can result in jail time.
Texas law allows enforcement of spousal maintenance through contempt in many cases, but not all. A court needs clearly written terms in the original order. If the language is vague or general, enforcement becomes harder. To avoid that problem, your spousal maintenance order should use direct and specific terms. Judges need to understand exactly what the paying party must do. Clear wording helps courts enforce the order without confusion or delay.
Potential defenses in an enforcement case involving the failure to pay spousal maintenance
If you are in a position where you need to defend yourself against a spousal maintenance-related enforcement case, you do some defenses that you can present to a court. For instance, you should offer the court this defense if you could not pay the spousal maintenance as ordered. Did you lose a job and have been unable to find replacement work? Did you become disabled (even temporarily) and therefore find yourself unable to work? If so, then you should be sure to specify this for the court.
Short of having cash on hand, a court would look to the resources that you have available to you to pay your spousal maintenance obligation. If you lack property that could be sold to develop the funds to pay the spousal maintenance as ordered, you can present this type of defense in an enforcement case.
The final two defenses commonly utilized in a spousal maintenance enforcement case are either being unable to locate a person from whom you can borrow money to pay spousal maintenance, or you cannot borrow money from a source you had previously identified. Suppose a court is willing to say that you should borrow money to pay the maintenance. In that case, you can see that you must exhaust every resource available- including taking out loans and selling property- to meet the obligation.
Can your wages be withheld from your spousal maintenance obligation?
Much like when it comes to child support, a wage withholding order can be filed with the court and sent to your employer to take out a specific amount from your paycheck regularly to pay spousal maintenance. This is especially the case if you have fallen behind in your payments before, and it is shown to a court that filing a wage withholding order is necessary to meet your obligation.
Temporary Spousal Support while your divorce is ongoing
You can ask the court to order temporary spousal support while your divorce remains pending. The court can also issue that order on its own, even if you don’t request it. This support acts as a lifeline to help you maintain a basic standard of living during the divorce process. It does not guarantee ongoing payments after the divorce. Temporary support often appears in cases where one spouse controls the income and the other does not work or manage the finances.
If you expect to need temporary spousal support, include that request in your divorce petition or in the answer to the petition. Present a clear and detailed financial statement to the judge before the hearing. That statement helps the court understand your current financial condition and the need for support.
The court will review your specific situation and decide whether to grant temporary support. The judge will look at both your financial need and your spouse’s ability to pay. Temporary spousal support does not aim to match your spouse’s lifestyle. Instead, it gives you a way to get by until you can earn an income and support yourself. Consider finding a job as soon as possible, even if the court grants you temporary support.
Factors That Influence Spousal Maintenance Awards
Divorce often raises this important question: Can the court order spousal maintenance after finalizing the divorce? Many assume the answer is simple, but the issue involves several legal conditions.
People sometimes face serious financial difficulties after the court finalizes their divorce. Imagine someone who suffers a stroke just two months after the divorce ends. That person may lose their job and struggle to meet basic needs. They might ask if they can modify the divorce decree to reflect their new disability.
Unfortunately, the court will not insert a spousal maintenance order into a finalized divorce decree based on job loss or disability alone. Divorce finalization serves to close the case and let both parties move forward. The law does not allow parties to reopen the case just to add a maintenance order. That rule applies regardless of how much time has passed or how severe the change in circumstances may be.
| Factors | Explanation |
|---|---|
| Length of the Marriage | The duration of the marriage is taken into account. |
| Earning Capacity | The earning capacity of each spouse is evaluated. |
| Age and Health | The age and health of both parties are considered. |
| Standard of Living | The standard of living during the marriage is assessed. |
Duration of Spousal Maintenance
Another crucial aspect of spousal maintenance that the previous article fails to address is the duration for which it may be awarded. Spousal maintenance is often granted for a specific period, allowing the recipient spouse time to regain financial independence and self-support. The duration of spousal maintenance can be influenced by factors such as the length of the marriage and the recipient’s ability to secure a sustainable income.
Courts evaluate each case based on its facts to decide how long spousal maintenance should last. In long-term marriages where one spouse left the workforce for years, courts often award longer maintenance. In contrast, when the marriage lasted only a short time and the receiving spouse has job-ready skills, courts typically order a shorter support period.
Modification of Spousal Maintenance
The previous article briefly mentioned modifying a divorce decree due to new disabilities but failed to explain when a court allows changes to spousal maintenance. Courts do not treat maintenance orders as permanent. Spouses may request modifications when significant changes occur.
A spouse may seek a modification if their financial situation changes or if they can no longer support themselves. A major drop in income or sudden expenses can justify this type of request. The court considers these changes carefully.
Courts review evidence from both parties to decide if the request meets the legal standard. Legal professionals help clients prepare strong cases and follow the proper procedures for modification.
Termination of Spousal Maintenance
The earlier article did not address how and when a court may terminate spousal maintenance. Courts often treat maintenance as a temporary obligation, not a lifelong one. Certain events can bring it to an end.
When the recipient remarries, courts usually end the support because the new marriage creates a new source of financial help. Courts may also stop payments once the recipient becomes financially independent.
To terminate maintenance, one party must petition the court. Courts require evidence to support the request. No one can simply stop paying without a formal legal order. Courts follow specific steps before approving a termination.
Tax Implications of Spousal Maintenance
The previous article overlooked the tax impact of spousal maintenance. These payments affect both parties financially and legally. Understanding the tax rules helps people avoid future problems.
In some jurisdictions, the recipient must report spousal maintenance as taxable income. Courts expect the receiving party to include this money in their tax return and pay any required taxes.
The paying spouse may also face tax questions. Some courts allow the paying party to deduct spousal maintenance from their taxable income, depending on the facts and local laws.
Tax rules vary, and mistakes can cost money. People benefit from working with tax professionals or attorneys who understand the full legal and financial impact of these payments.
Different Types of Spousal Support
The earlier article focused only on spousal maintenance but ignored other types of support. Courts may award different forms of spousal support based on a couple’s specific situation and goals.
Courts may award rehabilitative support to help a spouse gain education or job skills. This temporary support allows the recipient to improve their income and become self-sufficient.
Courts may also award reimbursement support. This type of support compensates a spouse who paid for the other spouse’s education or career development during the marriage. If one person made financial sacrifices to help the other succeed, courts can order reimbursement to recognize that contribution.
It is important to note that the availability and applicability of these alternative forms of spousal support can vary depending on the jurisdiction and the specific circumstances of each case.
Spousal Support Guidelines
The previous article failed to mention an important aspect of spousal support: the existence of guidelines or formulas in some jurisdictions to calculate the amount of support. These guidelines are similar to child support guidelines and aim to provide a consistent and predictable approach to determining spousal support.
Spousal support guidelines take various factors into account, including the income of each spouse, their respective expenses, and the duration of the marriage. By considering these factors, the guidelines help establish a fair and reasonable amount of spousal support that reflects the financial realities of both parties.
It is essential to understand that spousal support guidelines are not universally applicable. Each jurisdiction may have its own set of guidelines or formulas, or it may not have any guidelines at all. It is crucial to consult with a legal professional familiar with the laws of your specific jurisdiction to determine if spousal support guidelines apply in your case.
Interplay with Child Support
Another important aspect omitted by the previous article is the interplay between spousal maintenance and child support obligations. In many cases, the amount of spousal maintenance awarded may be influenced by the amount of child support being paid or received.
Courts strive to ensure fairness and equity when it comes to dividing financial responsibilities between spouses. If one spouse is already obligated to pay a significant amount of child support, the court may take that into consideration when determining the amount of spousal maintenance.
Understanding that child support obligations generally take priority over spousal maintenance is crucial. This means that child support payments must be satisfied first before spousal maintenance payments are made.
Alternatives to Spousal Maintenance
While spousal maintenance is often the focus of discussions regarding financial support after divorce, exploring alternative ways to address these needs is essential. Mediation, negotiation, or other dispute resolution methods can provide alternatives to spousal maintenance, allowing parties to reach a mutually agreeable solution.
For example, parties can consider entering into a voluntary settlement agreement that outlines the financial responsibilities of each party without the need for court intervention. This agreement can address financial support in a way that is tailored to the unique circumstances and needs of the individuals involved.
Exploring alternatives to spousal maintenance can provide greater flexibility and control over the outcome, allowing parties to craft a solution that best meets their circumstances.
Jurisdiction-Specific Laws
The previous article failed to specify whether the information provided was specific to a particular jurisdiction or if it applied generally. Understanding that laws regarding spousal maintenance can vary significantly from one jurisdiction to another is crucial.
Each jurisdiction sets its own statutes, regulations, and case law that govern spousal maintenance. Lawmakers define the factors courts must consider, the length of support, the conditions for modification or termination, and other key aspects of spousal maintenance.
Legal professionals provide accurate and relevant information by applying the laws of the jurisdiction where the case takes place. They guide clients through the rules that apply to spousal maintenance in that specific area.
Final Thoughts
A finalized divorce doesn’t always bring financial matters to a close—especially when it comes to spousal maintenance. Even after the decree is issued, Texas courts may award, modify, or terminate support depending on factors like the length of the marriage, a spouse’s ability to achieve self-sufficiency, or major financial changes. Judges also weigh the tax implications of support and the specific types of maintenance allowed under state law. To protect your interests after a finalized divorce, it’s essential to understand local regulations and seek guidance from a qualified attorney who can help you navigate your options and secure a fair outcome.
eBooks
If you want to know more about what you can do, CLICK the button below to get your FREE E-book:
Other Articles you may be interested in:
- Finalized Divorce Papers in Texas: A Comprehensive Legal Guide
- Obtaining the Final Decree of Divorce in Texas: Crossing Your Legal Finish Line with Confidence
- Why Your Texas Divorce May Be Taking So Long to Finalize
- What is spousal maintenance?
- What factors will a Texas judge look at when deciding whether to award spousal maintenance?
- Temporary Spousal Support, Alimony and Contractual Maintenance in Texas divorce cases
- Spousal maintenance: What you need to know in a Texas divorce
- Enforcing an award of spousal maintenance in a Texas family law case
- If you need spousal maintenance after your Texas divorce be sure to read this blog post
- What is the difference between spousal maintenance and contractual alimony in a Texas divorce?
- Can you get spousal maintenance in a Texas divorce?
- The steps to take in order to win spousal maintenance in a Texas divorce
Frequently Asked Questions
When a divorce is “finalized,” it means that all legal proceedings and requirements related to the divorce have been completed, and the marriage is legally terminated. It signifies the official end of the marriage.
When a divorce is final, you can use phrases like “My divorce has been finalized” or “My divorce is officially over” to convey that the legal process is completed and the marriage has been legally dissolved.
The time it takes to finalize a divorce in Texas can vary depending on various factors, such as the complexity of the case, the court’s schedule, and the parties’ ability to reach agreements. On average, it may take anywhere from a few months to over a year to complete the divorce process in Texas.
