Cohabitation and Common Law Marriage

• Couples living together while unmarried do not usually need a formal divorce if they wish to separate. However, John K. Grubb and Associates, PC, warns that some couples may inadvertently form common law marriages during cohabitation --- under Texas law, common law marriage creates legal consequences similar to those of ceremonial marriage. Common law marriage may require a legal separation such as divorce.
  
  

Grounds for Divorce

• Cohabitation may also have an effect on a married couple's grounds for divorce. A Texas couple can file for divorce on several different grounds, including the ground that they have lived apart for at least three years without cohabitation.
  
  

Spousal Maintenance

• Spousal maintenance, also known as spousal support, can become a point of contention during divorce. When a Texas family law court issues a maintenance order during divorce, the court must generally specify an ending date for support. According to the State Bar of Texas, maintenance can also sometimes end if certain events occur, such as if the court determines that the former spouse receiving support is now living with another partner. The court would have to make a finding of cohabitation.