Alimony and Career Changes: When Can You Request a Modification?
Dec. 1, 2025
Texas alimony law—often referred to as spousal maintenance—allows courts to award ongoing financial support to one spouse after divorce under specific conditions. The purpose isn’t to punish or reward either party but to provide temporary support that allows the receiving spouse to become financially independent.
Typically, alimony is awarded when one spouse lacks sufficient property or income to meet their basic needs after divorce. The amount and duration of alimony depend on several factors, including the length of the marriage, the earning capacities of both spouses, contributions to the household, and any evidence of marital misconduct.
Texas alimony law generally limits the duration of maintenance, and courts prefer rehabilitative arrangements that allow the supported spouse to re-enter the workforce. However, even temporary alimony orders can become burdensome or unfair if a person’s financial situation changes.
The Law Office of Aaron Fonseca often works with clients who experience significant life changes after divorce that directly affect their ability to pay or receive spousal support. One of the most common reasons people reach out to the firm is a career change—whether it’s a job loss, a promotion, or a shift in income that makes existing alimony arrangements unfair. In addition, The Law Office of Aaron Fonesca is proud to serve clients in McAllen, Texas, as well as Edinburg, Mission, and the Rio Grande Valley. For assistance from an experienced family law attorney, contact the firm today.
When Career Changes Justify an Alimony Modification
Career changes are a common reason for seeking a modification under Texas alimony law. However, not every job-related shift qualifies. Courts typically require proof that the change was substantial, material, and involuntary. For example, losing a job through no fault of your own may justify a reduction in payments, while voluntarily quitting to pursue a lower-paying career might not.
Under Texas alimony law, both the paying and receiving spouses have the right to petition for a change, but the burden of proof lies with the party requesting the modification. This means you must present evidence that your circumstances have materially changed since the original order was issued. If your career change results in a significant change in income or financial capacity, it may open the door to a modification request.
Types of Career Changes That May Affect Alimony
The Law Office of Aaron Fonseca has seen a wide range of career changes that can influence whether alimony should be modified. While each case depends on individual facts, several situations often lead to legitimate modification requests under Texas alimony law:
Job loss or layoff: When an individual loses employment for reasons beyond their control, it can drastically reduce their income and ability to meet alimony obligations.
Career advancement: A significant promotion or pay raise for the receiving spouse might reduce their need for continued support.
Business closure: Self-employed individuals whose businesses fail or experience sharp declines in revenue may seek relief under Texas alimony law.
Health-related career change: If a medical condition limits a person’s capacity to work, it may warrant an adjustment.
Retirement: Voluntary retirement at a reasonable age can also be grounds for modification, depending on overall financial circumstances.
Each of these situations must be supported by credible documentation—such as termination letters, tax records, or medical reports—to demonstrate the validity of the change in income.
The Legal Standard for Modifying Alimony in Texas
Under Texas alimony law, the requesting party must show that there has been a “material and substantial change in circumstances” since the court’s last order. This legal standard applies to both the paying and receiving spouse.
Courts will compare the financial situation at the time of the original order to the current one to determine whether a modification is justified. For example, if the paying spouse was earning $120,000 per year at the time of divorce but now earns $70,000 due to an involuntary layoff, the court may find sufficient grounds to lower payments.
Conversely, if the receiving spouse now earns significantly more or remarries, the paying spouse may request a reduction or termination of alimony. However, under Texas alimony law, modifications aren’t automatic. The court carefully examines whether the change in income is genuine and permanent or temporary. For instance, a short-term reduction in pay may not be enough to justify altering long-term obligations.
How to Request a Modification
Filing for a modification under Texas alimony law requires more than simply notifying your former spouse or agreeing informally to adjust payments. You must file a formal motion with the court that issued the original alimony order. In this petition, you must outline the specific changes that have occurred and provide supporting documentation. Once filed, the court will schedule a hearing where both parties can present their cases.
The Law Office of Aaron Fonseca helps clients gather the necessary financial records, employment documents, and testimony needed to support their request. Because Texas alimony law places the burden of proof on the petitioner, preparing a detailed, well-documented case is critical to a successful outcome.
It’s also important to continue making payments according to the existing order until the court officially approves a modification. Stopping payments prematurely could lead to enforcement actions, including wage garnishment or contempt proceedings.
Responding to a Modification Request
Under Texas alimony law, both parties have the opportunity to present their side of the story. As the recipient, you may contest the modification by showing that the change in income is temporary, voluntary, or not substantial enough to warrant a reduction.
The Law Office of Aaron Fonseca has represented both paying and receiving spouses in modification disputes. Whether you’re defending your current order or seeking a change, the firm’s focus is on presenting a clear picture of your financial situation to the court so that any adjustment reflects fairness and legal accuracy.
When Career Changes Don’t Justify Modification
While some career changes justify relief, others may not. Under Texas alimony law, voluntarily reducing your income—such as quitting a stable job or switching to a lower-paying career for personal reasons—usually doesn’t meet the threshold for modification.
Courts are careful to prevent abuse of the system by those who intentionally attempt to avoid payments. For example, if a paying spouse leaves a high-paying corporate position to pursue a passion project that earns far less, the court may rule that the original obligation should be in place.
Likewise, temporary unemployment due to job searching or short-term contract work may not qualify as a “substantial change.” Texas alimony law looks for stability and permanence in the new financial circumstances before altering court-ordered support.
Practical Steps Before Seeking Modification
Before filing for an alimony modification, it’s important to evaluate your financial situation carefully. Texas alimony law requires clear evidence and thoughtful preparation to justify changes. The Law Office of Aaron Fonseca guides clients through several steps that help them determine whether modification is appropriate:
Review the original court order to understand the specific terms and duration of alimony.
Gather financial documents that show income changes, such as pay stubs, tax returns, or business records.
Document any efforts to regain income if a job loss occurred, including applications, interviews, or retraining.
Consider the timing of the request—waiting too long or filing prematurely can affect credibility.
Consult legal counsel to discuss whether the situation meets the “material and substantial change” standard under Texas alimony law.
These steps help create a strong foundation for modification and demonstrate good faith to the court.
The Impact of Career Growth on Alimony
While many modification cases involve reduced income, sometimes a career change can improve a person’s financial situation. In such cases, the paying spouse might seek termination of alimony if the receiving spouse becomes self-sufficient.
Texas alimony law recognizes that support shouldn’t continue indefinitely when it’s no longer necessary. For instance, if the receiving spouse completes education or training and secures a well-paying job, the court may consider this a substantial change justifying a reduction.
Likewise, if the paying spouse’s income has grown significantly, the receiving spouse could request an increase in support—though these cases are less common since Texas alimony law generally limits upward adjustments unless extraordinary circumstances exist.
Preparing for the Court’s Decision
At a modification hearing, the court examines all evidence presented and determines whether the change in circumstances is both material and ongoing. The judge’s decision can lead to an increase, decrease, or termination of payments. In some cases, the court may also deny the request if it finds insufficient grounds.
Under Texas alimony law, clear evidence and honesty are critical. Courts value transparency, and exaggerating financial hardship can harm credibility. Providing a realistic, well-supported picture of your situation offers the best chance for a fair decision.
Trusted Legal Assistance
Career changes can profoundly impact both financial stability and legal obligations after divorce. Under Texas alimony law, modifications are available for those who experience substantial and lasting shifts in income—but success depends on presenting solid evidence and acting in good faith.
Alimony law in Texas is designed to adapt to life’s realities, and with the right strategy, you can secure a modification that reflects your current financial circumstances and future goals. The Law Office of Aaron Fonseca is proud to serve McAllen, Texas, and the surrounding areas of Edinburg, Mission, and the Rio Grande Valley. Call today.