Do I Have To Pay Alimony and Child Support in Texas if My Ex Remarries?

 Posted on July 08, 2025 in Alimony

Texas law has specific rules about when child support and alimony, known as spousal maintenance, end. Understanding the laws can help you apply them to your case. However, if you have questions about ending or modifying support payments, speak with a Hurst, TX divorce attorney. The unique details of your situation matter to the court, and your attorney can explain why.

How Does Remarriage Impact Spousal Maintenance in Texas?

In Texas, spousal maintenance functions only until specific termination events occur. One such event is if the recipient gets remarried. Texas Family Code Section 8.056 states that "the obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee." Therefore, yes, your ex-spouse's remarriage does terminate your alimony responsibility. However, the term "future" is critical here. Under Section 8.056(c), the law goes on to say that terminating a spousal maintenance order does not relieve you of the obligation to cover any unpaid maintenance accrued before the remarriage. If you are behind on payments, you will still have to catch up.

Do I Continue to Pay Spousal Maintenance if My Ex Is Not Married But Is Living With Someone?

Texas law recognizes that cohabitation can sometimes affect spousal maintenance. Under Section 8.056(b), cohabitation can even lead to the termination of spousal maintenance in some cases. However, the law explicitly specifies that your ex-spouse has to be in a dating or romantic relationship. Additionally, they must live in a permanent place of residence continuously. Essentially, it must be a serious relationship.

The idea is that cohabiting indicates a commingling of funds, which would change your ex-spouse’s financial situation. Having a roommate is not typically enough to constitute the termination of spousal maintenance.

How Does Remarriage Impact Child Support in Texas?

Child support is focused entirely on the child’s best interests, as stated in Texas Family Code Section 154.122. Therefore, unlike spousal maintenance, remarriage does not automatically terminate a child support order. Child support remains in place because your legal duty is to your child, not your ex-spouse.

Remarriage can impact child support under certain circumstances. However, this is typically only the case when the paying parent remarries, as they may experience a significant change in income or the birth of additional children. A common misconception is that you can stop paying child support or pay less because your ex-spouse has more income with remarriage. That is simply not the case. Stepparent income is generally not considered. Texas courts typically do not factor in the income of a new spouse when calculating child support.

Contact a Hurst, TX Spousal Maintenance Lawyer Today

Financial responsibilities after divorce can be frustrating, but most orders do not last a lifetime. Even child support ends eventually. Understanding how Texas laws affect your support obligations helps you make smart decisions for your future. Whether you are seeking to modify existing orders or clarify your rights, experienced legal guidance can make a difference. A knowledgeable Tarrant County, TX family law attorney at Daniel R. Bacalis, P.C. will support you through the process. Call 817-498-4105 to schedule your free consultation today.