Court-ordered spousal maintenance under Chapter 8 of the Texas Family Code can end because of rules written into the statute, including when the person receiving it moves in with a new partner. Contractual alimony works differently. It follows the agreement you signed, and Chapter 8’s termination rules don’t govern it. So the answer to “can I lose it?” depends on which kind you have and what your decree says. Brandi’s advice is simple: “Pay attention to your decree.” Here’s how to read it.
Two Kinds of Post-Divorce Spousal Support in Texas
You’ll hear “alimony” used for both, but Texas treats them as separate things. In Brandi’s words, they’re “two different things.”
Court-ordered maintenance comes from Chapter 8 of the Family Code. A judge can order it only when the person asking qualifies under the statute, and the statute limits how much and how long. Monthly payments can’t exceed the lesser of $5,000 or 20 percent of the paying spouse’s average monthly gross income under section 8.055. Under section 8.054, the time limits are generally up to 5 years for marriages of 10 to 20 years, up to 7 years for 20 to 30 years, and up to 10 years for 30 years or more. Shorter marriages qualify only in limited situations, and there are exceptions for things like a disability.
Contractual alimony is support the spouses agree to in a settlement outside Chapter 8. Spouses can put an agreement about maintenance in writing, and under section 7.006 the court can approve it and include it in the decree. The amount and length come from the agreement and don’t have to track Chapter 8’s limits.
For more on who qualifies for the court-ordered kind, read whether you qualify for spousal maintenance in Texas.
How Each One Gets Enforced
Court-ordered maintenance comes with court tools. A judge can hold the paying spouse in contempt under section 8.059, and can enter a money judgment for unpaid amounts that can be collected through withholding or a maintenance QDRO. There’s one limit worth knowing. When the parties agreed to Chapter 8 maintenance, the court can’t use contempt to enforce any part that goes beyond what it could have ordered on its own.
Contractual alimony is enforced like a contract. In Dalton v. Dalton, the Texas Supreme Court treated an agreed support obligation outside Chapter 8 as a contractual debt. It also said Texas courts can’t use wage withholding to enforce that kind of obligation unless the parties agreed to it. If your ex stops paying, you’re generally looking at a breach-of-contract claim, and that’s a different path from contempt.
What Happens If You Move In With Someone New?
For court-ordered maintenance, the statute is direct. Under section 8.056, maintenance ends if either spouse dies or if the person receiving it remarries. And after a hearing, the court has to terminate it if it finds the person receiving maintenance is living with someone they’re in a dating or romantic relationship with, in a permanent home, on a continuing basis.
That’s not automatic on move-in day. The paying spouse has to bring it to the court, and there has to be a hearing and a finding. Payments that came due before termination are still owed.
Contractual alimony is different. Chapter 8’s termination rules don’t govern it, so what happens when you move in with someone depends on what your agreement says. Brandi’s take on support that was just agreed to without the statute’s rules: “you might not lose it.” If the agreement does say cohabitation ends payments, that term controls.
How to Tell Which Kind You Have
Start with your decree and any settlement agreement attached to it or referenced in it. Look for language that orders maintenance under Chapter 8 of the Family Code. Then look for wording that calls the payments contractual alimony or describes them as an agreement between the parties.
The label isn’t always the whole story. In Dalton, the Supreme Court looked at whether the parties had actually agreed to Chapter 8 maintenance, and whether the receiving spouse was even eligible for it. If your decree is unclear, have an attorney read it before you make a big decision like moving in with a partner or stopping payments.
If You’re Negotiating Support Right Now
Whichever side you’re on, the wording you sign is going to decide a lot later. Before you agree to spousal support in a settlement, get clear answers to these questions:
- Which kind is it? Decide on purpose whether it’s Chapter 8 maintenance or contractual alimony, and say so in the agreement.
- When does it end? Spell out what happens on remarriage, cohabitation, or death if it’s contractual.
- How will it be paid? If you want wage withholding available for contractual alimony, the agreement has to provide for it.
- What if it isn’t paid? Know which enforcement tools you’ll actually have.
To see how the court-ordered amount gets calculated, read how Texas figures the spousal maintenance amount.
FAQs about Contractual Alimony and Spousal Maintenance in Texas
These cover move-in timing, contempt, and back payments.
Does court-ordered maintenance stop the day I move in with someone?
No. Under section 8.056, the court terminates it after a hearing and a finding about the living arrangement. Remarriage is different, since the statute ends maintenance on remarriage without that kind of finding.
Can contractual alimony be enforced by contempt?
Texas courts treat it as a contract debt. In Dalton, the Supreme Court cited an earlier case saying contractual support isn’t enforceable by contempt, though it didn’t decide that question directly. Plan on contract remedies.
If my maintenance gets terminated, do I lose payments my ex already owed?
No. Under section 8.056, termination doesn’t affect amounts that were already due before it.
Get Your Decree Read Before You Make a Move
Maybe you receive support and you’re thinking about moving in with someone. Maybe you pay it and wonder if you still have to. Either way, the answer starts with your decree’s wording. Brandi Wolfe Law helps San Antonio clients figure out which kind of support they have and what can actually change it. Call (210) 571-0400 or schedule a free consultation and learn more about spousal support in San Antonio.