Life doesn't stand still after a divorce, and neither do finances. When one or both former spouses land new jobs — or better-paying ones — it's natural to wonder what that means for spousal support payments. Whether you are the person receiving support or the one writing the check each month, a change in income on either side can raise real and pressing questions about what comes next.
If your financial situation has changed and you need answers now, don't wait — call us at (713) 322-9810 or reach out through our online contact form to talk with our team today.
What Is Spousal Support and How Does It Work in Texas?
Spousal support — sometimes called alimony — is money paid by one former spouse to the other after a divorce. In Texas, the official legal term is "spousal maintenance." Courts order it when one spouse cannot meet their basic needs on their own after the marriage ends.
Texas law sets specific rules about who qualifies for spousal maintenance, how much can be paid, and for how long. These rules are stricter than in many other states. Not every divorce results in a spousal support order.
How Is the Amount of Spousal Support Decided?
A judge looks at many things when deciding on a spousal support amount. These include how long the marriage lasted, each spouse's earning ability, and whether one spouse gave up career opportunities to care for the home or children.
Texas law also caps the monthly amount of spousal maintenance. As of current law, the cap is either $5,000 per month or 20% of the paying spouse's average monthly gross income — whichever is less. "Gross income" means the total amount earned before taxes and other deductions are taken out.
What Happens When the Paying Spouse Gets a New, Higher-Paying Job?
This is one of the most common questions people ask. If the spouse who pays support gets a significant raise or a much better job, the receiving spouse might wonder if they can ask for more money. Under Texas law, a spousal maintenance order can be reviewed and changed — but only under the right circumstances.
To request a change, you must show that there has been a "material and substantial change in circumstances" since the original order was made. Simply put, the change in income must be significant, not just a small bump in pay. A new job with a dramatically higher salary could qualify, but a modest cost-of-living raise likely would not.
What Happens When the Receiving Spouse Gets a New Job?
This is where things get especially important for the person paying spousal support. If the receiving spouse gets a new job or a significant pay increase, the paying spouse may have grounds to ask the court to reduce or even end the support payments.
Texas courts consider whether the receiving spouse can now meet their reasonable needs on their own. If they can, the purpose of spousal maintenance — helping that spouse become financially independent — may have been fulfilled. A Houston family law attorney can help you evaluate whether the change is significant enough to bring back to court.
What Qualifies as a "Material and Substantial Change"?
This phrase shows up often in Texas family law, and it matters a lot. It means the change must be real, meaningful, and lasting — not just temporary or minor. Courts will look at the situation as a whole before agreeing to change an existing order.
Here are some examples of changes that might qualify:
- The receiving spouse lands a full-time job with a salary that covers their living expenses
- The paying spouse loses their job or suffers a serious reduction in income
- The receiving spouse completes a degree or job training program and is now employed in their field
- Either spouse remarries or begins receiving significant income from another source
- A long-term illness or disability affects either spouse's ability to work
These are not automatic triggers — each situation is different. A judge will weigh all the facts before making any decision.
How Do You Actually Ask the Court to Change a Support Order?
You cannot simply stop paying or start paying less because your circumstances have changed. You must file a formal request with the court, called a "motion to modify." Until the court officially changes the order, the original terms remain in effect and must be followed.
Failing to follow a court order — even one you think is unfair — can have serious legal consequences. That is why working with a Houston family law attorney is so important when you believe a modification may be warranted.
What If Both Spouses Get New Jobs at the Same Time?
This situation can be more complex. If both spouses land new jobs around the same time, the court will look at the overall picture — how each person's financial situation has changed and whether the original reasons for the support order still apply.
The court's main concern is fairness and each person's ability to meet their own needs. It is entirely possible that a double income change could lead to a reduction, an increase, or even a complete termination of the support order, depending on the specific facts.
Does Spousal Support Automatically End in Texas?
In some cases, yes. Texas law sets time limits on spousal maintenance that are tied to how long the marriage lasted. But there are also specific events that can end spousal maintenance automatically, without any court action needed.
Here is what can cause spousal maintenance to end automatically under Texas law:
- The receiving spouse gets remarried
- Either spouse passes away
- The court-ordered end date arrives
If none of these automatic triggers apply, support will continue unless someone asks the court to change it and the court agrees. Simply getting a new job — on either side — does not automatically stop payments.
Why Timing Matters When Seeking a Modification
Courts do not look kindly on people who wait too long to act or who make unilateral decisions about support payments. If you know a major financial change has happened, it is important to move quickly.
Filing a modification request sooner rather than later also means any approved changes will take effect from around the time you filed — not from months earlier when the change first happened. Waiting could mean paying or receiving the wrong amount for a longer period of time.
Talk to a Houston Family Law Attorney About Spousal Support Modifications
Changes in employment are one of the most common reasons spousal support orders are revisited. Whether you are looking for a reduction, an increase, or you simply want to understand your rights, having clear legal guidance can make all the difference. Myres & Associates is here to help you understand how Texas law applies to your specific situation and what steps make sense for your case.
Call us today at (713) 322-9810 or fill out our online contact form to schedule a consultation with our team. Your financial future matters, and you deserve to face it with solid information in your corner.