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Alimony, cohabitation and Texas law: What you need to know

In Texas, dependent spouses may be awarded spousal maintenance (alimony) from their ex when they get divorced — but that alimony is conditional. If the dependent spouse remarries, the spousal maintenance will end.

According to Texas law, spousal maintenance is also supposed to end when the recipient begins to cohabit with a new romantic partner “in a permanent place of abode on a continuing basis.”

Why could that be a problem if you pay spousal maintenance?

When people are honest, there really isn’t a problem. Unfortunately, not every person who receives spousal support is willing to be candid about their living arrangements.

It can be difficult to tell who may be merely a roommate and who may be a romantic partner. It’s no longer uncommon, for example, for people of different genders to be roommates in order to split the bills without being romantically involved. People can be involved in romantic relationships with people of the same gender.

What if you have questions about your ex-spouse’s new living situation?

If you suspect that your ex-spouse has gotten romantically involved with someone and they are now covertly living together, you will need evidence in court to support your allegations. You may need things like:

  • Social media screenshots that allude to (or admit) their relationship
  • Messages, emails or texts that help confirm the relationship
  • Photos of the couple together in situations that tend to support your position

If your ex-spouse seems to be moving on and you believe that you should be relieved of the burden of spousal support, don’t try to handle the situation on your own. Speak to an attorney who will fight for your bests interests.