How can I determine if a court will award me spousal support?

I have been residing with my fiance for 7 years. We have had 2 children together. We have filed taxes together. He left me for another woman and no way to support our children. Would I be able to obtain spousal support for any length of time?

Asked on November 10, 2011 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Spousal support  - which is very  difficult as it is to obtain in Texas - is only permitted for those who are considered to be married.  Texas does indeed recognize common law marriage but I see a problem with how you are characterizing your relationship in that you call him "your fiance."  Here is what the requirements are:

  • live together for a significant period of time (not defined in any state)
  • hold yourselves out as a married couple -- typically this means using the same last name, referring to the other as "my husband" or "my wife," and filing a joint tax return, and
  • intend to be married.
  • You say that you filed joint returns which is a plus.  But the other factors may be hard here.  If yo can prove them the fact that you are taking care of your joint children is a plus for court ordered support but at the very least you can get child support court ordered.  Please seek legal help asap.  Legal aid.  Good luck.

    IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.