Attorney
Spousal support (also known as spousal maintenance) is a significant component of many Texas divorce agreements, providing financial stability to a spouse after the marriage has ended. But what happens if the receiving spouse moves in with a new partner?
At Navarrete & Schwartz, P.C., we frequently advise clients in Midland and the surrounding communities on how significant life changes—such as cohabitation—can affect spousal support orders. If you’re paying or receiving support and cohabitation is now a factor, here’s what you need to know.
What Is Cohabitation in the Context of Texas Spousal Support?
In Texas, cohabitation refers to a situation where the receiving spouse (the one who gets spousal support) lives with a romantic partner on a continuing basis. It doesn’t have to be a legally recognized marriage—living together in a relationship that resembles a marriage is enough.
The court will consider whether:
- The two individuals share a household
- There is a romantic or intimate relationship
- The arrangement is continuous, not temporary or casual
- They share finances, living expenses, or parenting responsibilities
If these factors are present, the court may determine that the receiving spouse is cohabiting—and that can have major consequences for spousal support.
Texas Law on Cohabitation and Spousal Support
Under Texas Family Code § 8.056, a court-ordered spousal maintenance obligation automatically terminates if the supported spouse cohabits with another person with whom they have a dating or romantic relationship. No new court order is required to end the payments—termination is immediate as long as the legal conditions are met.
Key takeaways:
- Cohabitation must be ongoing—short-term stays or occasional visits typically do not qualify
- The relationship must be romantic or dating in nature—roommates or platonic arrangements usually don’t affect spousal support
- This only applies to court-ordered support—privately contracted alimony may not be affected unless it includes a cohabitation clause
If you believe your former spouse is cohabiting and still collecting support, or if you are receiving support and plan to move in with a partner, it’s critical to speak with a family law attorney who can help you understand your rights and responsibilities.
How to Prove Cohabitation in Texas
If you are the paying spouse and believe your ex is cohabiting, it’s your responsibility to prove it in court. Texas judges do not make assumptions; they need concrete evidence.
Types of evidence that may help establish cohabitation include:
- Photographs or video of the former spouse and partner residing together
- Shared lease agreements or utility bills with both names
- Testimony from neighbors or mutual acquaintances
- Social media posts indicating a shared residence
- Bank records or financial documents showing joint expenses
At Navarrete & Schwartz, P.C., we assist clients in Midland in gathering and presenting the necessary documentation to petition the court for termination of spousal support due to cohabitation.
Can Spousal Support Be Reinstated If Cohabitation Ends?
In most cases, once spousal support ends due to cohabitation, it cannot be reinstated—even if the cohabiting relationship ends. Texas law treats this as a permanent termination of the obligation. That’s why both parties should be certain before making decisions that could affect long-term financial support.
What If the Spousal Support Was Agreed to Privately?
If your divorce settlement included a privately negotiated spousal support agreement (outside of a court order), the outcome may differ. Some agreements contain terms that specifically address cohabitation; others may not. In these cases, the ability to stop or continue payments often depends on the wording of the agreement.
If you have questions about your privately agreed-upon spousal support and whether it can be modified or terminated due to cohabitation, an attorney at Navarrete & Schwartz, P.C., can review your documents and explain your legal options.
How We Help Clients in Midland Protect Their Rights
Whether you’re paying or receiving spousal support, a significant change, such as cohabitation, can drastically alter your financial situation. At Navarrete & Schwartz, P.C., we help clients throughout Midland:
- File motions to terminate spousal support due to cohabitation
- Defend against unsupported claims of cohabitation
- Modify spousal support agreements when necessary
- Understand their rights under Texas family law
We provide clear, honest legal guidance and provide aggressive representation in court when necessary. When your future is on the line, we’re here to stand with you every step of the way.
Speak with a Midland Spousal Support Attorney Today
If cohabitation is affecting your spousal support situation, don’t make assumptions—get clear legal answers from a trusted source. Whether you’re concerned about unfair payments or wondering if your relationship will impact your support, Navarrete & Schwartz, P.C., can help you navigate your next steps with confidence.
Contact us today to schedule a consultation and discover how Texas law applies to your specific situation. Your financial future could depend on it.