Tex. Codes » Family Code · TITLE 1. THE MARRIAGE RELATIONSHIP · SUBTITLE C. DISSOLUTION OF MARRIAGE · CHAPTER 8. MAINTENANCE
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Tex. Fam. Code § 8.056 (2026)

Termination

✓ current as of May 2026
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Sec. 8.056. TERMINATION. (a) The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.

(b) After a hearing, the court shall order the termination of the maintenance obligation if the court finds that the obligee cohabits with another person with whom the obligee has a dating or romantic relationship in a permanent place of abode on a continuing basis.

(c) Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination, whether as a result of death or remarriage under Subsection (a) or a court order under Subsection (b).

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Renumbered from Sec. 8.007 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 486 (H.B. 901), Sec. 5, eff. September 1, 2011.

Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 2006–2025 · leading case: McCollough v. McCollough, 212 S.W.3d 638 (Tex. App. 2006).
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McCollough v. McCollough, 212 S.W.3d 638 (Tex. App. 2006). · cites it 2× “” Tex. Fam.Code Ann. §§ 8.056, 8.057, 8.059 historical notes (West 2006) [Act of May 22, 2001, 77th Leg.”
Brooks v. Brooks, 257 S.W.3d 418 (Tex. App. 2008). “” Tex. Fam.Code Ann. § 8.056; In re Green, 221 S.”
Kenneth Ray Waldrop v. Teresa Waldrop, 552 S.W.3d 396 (Tex. App. 2018). “Laws 1574 , 1577 (amended 2011) (current version at Tex. Fam. Code Ann. § 8.056 (West Supp. 2017)); Act of May 22, 2001, 77th Leg.”
in the Interest of L.T.H.,R.R.H., A.W.H. Child., 418 S.W.3d 876 (Tex. App. 2013). “See Tex. Fam. Code Ann. § 8.056 (b) (West Supp.”
In the Interest of T.M.B. & I.B., Child. v. the State of Texas (Tex. App. 2025). · cites it 4× “” See TEX. FAM. CODE ANN. § 8.056(b). One year later, Lanphear filed a counterpetition requesting reduction of her 1 This appeal was transferred from the Third Court of Appeals in Austin pursuant to an order issued by the Texas Supreme Court.”
D. Paul Prevallet v. Rena Jane Prevallet (Tex. App. 2021). · cites it 2× “See Tex. Fam. Code Ann. § 8.056 (a)–(b). Paul’s “modification” theory was only that he lacked income to pay $1,150; he did not testify or otherwise show that he could have paid less than $1,150 but more than zero, which might have supported modification.”
Gerardo D. Gomez v. Bernadette M. Gomez (Tex. App. 2024). · cites it 2× “TEX. FAM. CODE § 8.056(b). -2- 04-23-00873-CV terminate his obligation to pay the taxes and the homeowners association dues on the Lisianthus property.”
David Begala v. Rebecca Begala (Tex. App. 2025). · cites it 2× “TEX. FAM. CODE § 8.056. The statute does not define “cohabits,” “permanent place of abode,” or “continuing basis.”
Myrna K. Sparkman v. Roy E. Murray (Tex. App. 2010). · cites it 3× “See Tex. Fam. Code Ann. § 8.056 (b) (West 2006) (“After a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.”
John Carlton Amman v. Diane G. Amman (Tex. App. 2010). · cites it 3× “See Tex. Fam. Code Ann. § 8.056 (b) (West 2006) ("After a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.”
Randy F. McCollough v. Cherie McCollough (Tex. App. 2006). · cites it 2× “056 because Cherie had “remarried” and had “cohabit[ed] with another person in a permanent place of abode on a continuing, conjugal basis,” Tex. Fam. Code Ann. § 8.056 (a), (b) (West 2006), and should be modified due to a “material and substantial change of circumstances.”
Randy F. McCollough v. Cherie McCollough (Tex. App. 2006). · cites it 2× “056 because Cherie had "remarried" and had "cohabit[ed] with another person in a permanent place of abode on a continuing, conjugal basis," Tex. Fam. Code Ann. § 8.056 (a), (b) (West 2006), and should be modified due to a "material and substantial change of circumstances.”
Show all 13 citing cases →
Tex. Fam. Code § 8.056(a): 1 case
McCollough v. McCollough, 212 S.W.3d 638 (Tex. App. 2006). “” Tex. Fam.Code Ann. §§ 8.056, 8.057, 8.059 historical notes (West 2006) [Act of May 22, 2001, 77th Leg.”
Tex. Fam. Code § 8.056(b): 3 cases
In the Interest of T.M.B. & I.B., Child. v. the State of Texas (Tex. App. 2025). “” See TEX. FAM. CODE ANN. § 8.056(b). One year later, Lanphear filed a counterpetition requesting reduction of her 1 This appeal was transferred from the Third Court of Appeals in Austin pursuant to an order issued by the Texas Supreme Court.”
Gerardo D. Gomez v. Bernadette M. Gomez (Tex. App. 2024). “TEX. FAM. CODE § 8.056(b). -2- 04-23-00873-CV terminate his obligation to pay the taxes and the homeowners association dues on the Lisianthus property.”
David Begala v. Rebecca Begala (Tex. App. 2025). “TEX. FAM. CODE § 8.056. The statute does not define “cohabits,” “permanent place of abode,” or “continuing basis.”
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