Contrary to popular belief, whether or not someone is awarded spousal maintenance (also known as alimony) isn’t guaranteed in every divorce. Sure, a judge will look at all factors, including both parties’ abilities to financially care for themselves when they no longer have access to shared budgets, assets, and even shared financial goals to ensure they make the right decision. And in many situations, they will award this form of support. That said, it’s still not a guarantee.
While the court has every right to make this decision, what happens if you believe they made a mistake or circumstances change quickly enough after the divorce that it’s reasonable to ask the judge to reconsider?
Can you request alimony after a divorce is final?
How Texas Courts View Alimony
Texas takes a pretty conservative stance on alimony. Therefore, courts generally cannot award spousal maintenance if it wasn’t included in the original divorce decree. This does not suggest that modifications to existing court orders involving spousal maintenance cannot be made. Texas law does allow for the reduction or termination of maintenance payments if there is a significant change in circumstances. For instance, the receiving spouse remarries.
But when it comes to receiving new alimony after the fact, the court cannot award maintenance if it wasn’t initially granted.
This is true even if a spouse’s circumstances change significantly post-divorce.
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