My Ex-Spouse Got Overpaid for Post-Divorce Spousal Maintance — Can I Get Back the Overpayment?

Yes.  First, let’s look at some definitions.  The “Obligor” is the person ordered to pay spousal maintenance.  The “Obligee” is the person receiving court-ordered spousal maintenance.

As long as the Obligor is not in arrears, the Obligee must return any overpayments received.1  This is true whether the overpayment was made before, on, or after the date of the termination order.2

If the Obligee refused to return the money, the Obligor may get a court order for repayment and an order for the Obligee to pay the Obligor’s court costs and attorney’s fees.3

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firm specializes in Federal Civil Service and Military Divorce matters.


Note1  –  See Texas Family Code Section 8.0591

Note2  –  See Texas Family Code Section 8.0591(a)

Note3  –  See Texas Family Code Section 8.0591(b)