Legal Question in Family Law in Texas

Common Law Marriage

According to Federal Retirement System if an ex-spouse marries before age 55 they are not eligable for a survivor annuity. How can we prove an exspouse is in fact common law married and trying to avoid the age 55 rule? Is there a law which states the elements needed to be common law married in Texas?


Asked on 1/18/01, 2:20 pm

1 Answer from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Common Law Marriage

Texas Family Code 2.401 sets forth the elements of a common-law marriage. Basically, you must prove an agreement to be married, cohabitation in Texas, and holding out to other persons that a marriage exists. The "agreement" does not have to be formal.

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Answered on 2/13/01, 3:57 pm


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