Is spousal support available to parties living together unmarried?
The Texas Family Code specifically provides that maintenance is not authorized between unmarried cohabitants. However, in a suit to declare a marriage void, i.e. annulment, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may be awarded maintenance. For example, if one spouse enters into a marriage in good faith, unaware that the other spouse is still married to another, that person may be awarded maintenance if otherwise entitled.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
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