Legal Question in Family Law in Texas
I've been told that when you get a divorce the wife gets all kinds of benefits but the bulk of them happen if you've been married 10 years or more. Does the ten years start from when you actually got married or when the two were legally recognized as common law? Also is spousal support mandatory for a healthy and well-capable spouse?
1 Answer from Attorneys
With most benefits, the issue is whether or not the benefit is community or separate property; the time makes no difference, other than that the longer you have been married, the more that the benefit is likely to be community.
The community/separate distinction begins when you get married, whether by ceremony or common law. A common law marriage IS an actual marriage.
Spousal support is never mandatory, it is up to the judge. Generally, a spouse capable of supporting himself or herself will not get spousal support.
There are exceptions to everything that I have written, so pleas consult a family law attorney before making any decisions.
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