{"id":376651,"date":"2016-09-12T13:19:37","date_gmt":"2016-09-12T18:19:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-palimony-laws.html"},"modified":"2018-02-27T19:17:19","modified_gmt":"2018-02-28T00:17:19","slug":"texas-palimony-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-palimony-laws.html","title":{"rendered":"Texas Palimony Laws"},"content":{"rendered":"\n
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Texas Palimony Laws<\/h1>\n
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Palimony refers to spousal support paid where the parties in question were never married. Palimony is not a legal term and states do not typically provide for it by name, but some do provide alimony for partners that were never married, provided they meet certain criteria. Texas generally disfavors palimony and there are only limited circumstances in which parties that have not been legally married may claim spousal support against one another.<\/p>\n

Texas Palimony Overview<\/h2>\n

Unmarried couples that are granted the rights of married couples are typically referred to as ‘common law marriages.’ Texas law refers, in Texas Family Code \u00a7 8.061<\/a>, to ‘unmarried cohabitants,’ but only to expressly state that an order for maintenance, another term for spousal support, is not authorized for unmarried cohabitants<\/a> under any circumstances.<\/p>\n

However, there is one small exception. Annulment is a process where the court finds that the underlying marriage was invalid. In limited circumstances, a party to a marriage that was annulled, called the ‘putative spouse’ in Texas, may still be eligible for spousal support. This would technically qualify as palimony, since there was no legal marriage.<\/p>\n

The following chart includes the qualifications for both annulment and spousal support that must be met under Texas palimony laws.<\/p>\n

Annulment and Spousal Support<\/h2>\n\n
Statute<\/b><\/td>\n

Texas Family Code Title 1, Subtitle C, Chapter 8, Subchapter B, 8.060<\/a><\/p>\n<\/td>\n<\/tr>

Eligibility<\/b><\/td>\n

The putative spouse:<\/p>\n

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  • Was unaware of the existing impediment to a valid marriage; and<\/li>\n
  • Is otherwise qualified to receive maintenance under this chapter.<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Qualification<\/b><\/td>\n
Duration<\/b><\/td>\n

Alimony awards are payable for:<\/p>\n