What if she is remarried?

UPDATED: Sep 30, 2022

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What if she is remarried?

I got a divorce in the state of Texas, and am paying spousal maintenance. In Texas Family Law, it states that if the spouse receiving maintenance cohabitates in a romantic relationship or remarries, I am no longer responsible for payment. My question is, if her attorney left out that clause in the divorce decree, am I still responsible for payment since she remarried, and can I sue the attorney for misrepresentation?

I understand helping until she got on her feet, but she is now. She is remarried, and has two vocational certifications she got while we were still married, yet she simply refuses to work.

Asked on July 13, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your ability to terminate the spousal support obligation is controlled by the wording in your decree and why the support was ordered.  You really need to have a different attorney look over the decree for any loopholes.  This may save you from additional litigation.  If the decree doesn’t have a loophole or exit clause, you can still file a motion to modify or terminate the support obligation since she is now formally back on her feet… which is the main purpose of marital support in Texas.

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