In a Texas
divorce, one spouse is ordered by a judge to provide financial support to the
other spouse and their children. But if the recipient spouse decides to
get remarriage to cohabitates with a new significant other, how does this affect
Impact of Remarriage and Cohabitation on Spousal Support
When the recipient spouse gets married in Texas, the paying spouse’s
obligation to pay alimony automatically ends. There is no need to obtain
a court order to stop paying. However, if the paying spouse owes due alimony
at the time the recipient spouse remarries, he/she must make those payments.
According to state law, cohabitation is defined as two people who are involved
in a romantic situation that live together on a consistent basis. As soon
as the supported spouse cohabitates with another person, alimony ends.
Keep in mind, the paying spouse cannot stop making payments to the recipient
spouse once he/she discovers cohabitation. A motion to terminate the alimony
must be filed in court, which requires evidence that the supported spouse
is living with another individual to present to the judge.
Impact of Remarriage and Cohabitation on Child Support
Although remarriage alone doesn’t qualify as a “change in circumstances”
justifying a change to child support, it is still possible to terminate
or modify the terms of the order.
If the supported spouse has a new child after getting remarried, a court
can consider a new child in child support modification applications—as
long as the proposed change in support doesn’t negatively affect
the children from the previous relationship. When it comes to considering
a new spouse’s income in calculating child support, Texas law makes
it clear that the court shouldn’t consider this.
If you have any further questions about your remarriage or the remarriage
of your ex-spouse,
contact our Houston divorce attorney at the
Law Office of Kathryn Marteeny for more information today.