Is alimony modifiable after the divorce is finalized?
Yes, alimony can be modified after the divorce is finalized in Texas. Alimony is a court-ordered payment from one ex-spouse to the other, and it can be modified by the court if certain criteria are met. In most cases, the divorce decree includes a clause that allows the court to modify alimony if the circumstances of either spouse change significantly. In Texas, if the court determines that a “material and substantial change” in the parties’ circumstances has occurred, it can modify alimony. A material and substantial change in circumstance is a significant and real change in circumstances for either party since the award of alimony. Examples of such circumstances could include an increase or decrease in income, an illness or disability that affects the ability to work, or a change in residence. The court can modify the alimony award either by increasing it or decreasing it, depending on the needs of the spouse receiving alimony. To modify alimony, the court must conduct a hearing that both parties are required to attend. The court will consider the evidence presented and testimony given before making a decision. If the court determines that alimony should be modified, it will issue an order that will require the paying spouse to adjust the payments accordingly.
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