Occasionally I get asked whether a partner from a long-time cohabitation relationship can ever qualify for court-ordered “spousal” maintenance? The answer is, “no.” Section 8.061 of the Family Code makes clear that “an order for maintenance is not authorized between unmarried cohabitants under any circumstances.” [emphasis added]
You may next wonder whether there is any “tripwire” whereby unmarried cohabitants might unintentionally have become common law spouses. Rest assured, there is no accidental way to become common law married. Click here to read my earlier blog on that very subject.
Speak with a qualified family law attorney if you have questions related to these or other family-related topics.
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 firms also provides Wills and Estates and Probate services.