Impact of Premarital Cohabitation in Divorce Actions

In decades past, most couples did not live together until after marriage. In recent years, though, it has become increasingly common for unmarried couples to live together, often for several years before they ultimately wed. If such couples eventually decide to end their marriage, they may have questions about whether their cohabitation before marriage may impact their divorce proceedings. The impact of premarital cohabitation in divorce actions is a complex issue, and if you have questions about it should speak with an attorney. At McClure Law Group, our knowledgeable Dallas divorce attorneys have ample experience handling complicated divorce actions, and if you hire us, we can guide you through any challenges that may arise due to your premarital cohabitation and help you pursue a fair outcome.

Texas is a community property state, meaning that, with few exceptions, assets acquired during the marriage are subject to equitable distribution upon divorce. Specifically, under the Texas Family Code (the Code), property owned by either spouse before the marriage or acquired during the marriage by gift, devise, or descent is considered separate property. However, when a couple cohabitates before marriage, determining what constitutes separate property versus community property can become complicated. The challenge often lies in distinguishing between premarital assets and those that were commingled during the cohabitation period.

For example, if a couple purchases a home together before marriage and both contribute to the mortgage, this can blur the line between separate and community property. The court will need to determine how much of the home’s equity is attributable to premarital contributions versus contributions made during the marriage. In such cases, it is essential to have detailed financial records to substantiate claims regarding ownership and contributions to premarital assets. The impact of premarital cohabitation in divorce actions can be especially pronounced when dealing with high-value assets that were acquired or enhanced during the cohabitation period.

Another area where premarital cohabitation can affect divorce proceedings is spousal maintenance, also known as alimony. In Texas, spousal maintenance is not automatically awarded, and it is generally limited to situations where one spouse demonstrates a significant financial need and where the marriage lasted for a significant period of time. Under the Code, a spouse may be eligible for maintenance if the marriage lasted for at least 10 years and if there are other compelling reasons, such as a spouse’s inability to provide for their basic needs. It is important to note, however, that the duration of premarital cohabitation does not count towards the length of the marriage for purposes of spousal maintenance eligibility.

In Texas, premarital cohabitation can also raise questions about common law marriage, which is recognized under the Code. A common law marriage exists when a couple agrees to be married, lives together as a married couple, and represents to others that they are married. If a couple meets these requirements, they are considered married under the law, even without a formal ceremony or marriage license. This has significant implications in a divorce proceeding, as the court will treat the relationship as a legal marriage for the purposes of property division, spousal support, and other issues.

If a couple that cohabited before marriage later divorces, one spouse may argue that the relationship began as a common law marriage, effectively lengthening the duration of the marriage for purposes of asset division and spousal maintenance. This is particularly relevant in cases where one party may be seeking a larger share of marital assets or a longer period of spousal support based on the extended duration of the relationship.

Navigating the impact of premarital cohabitation in divorce actions can be challenging, especially when it comes to determining property rights and eligibility for spousal maintenance. If you lived with your spouse before marriage and you are concerned about protecting assets you acquired before marriage in a divorce or have questions regarding spousal support, it is smart to speak with an attorney to determine your options. The capable Dallas divorce attorneys of McClure Law Group understand the nuances of Texas family law and how they apply to premarital cohabitation, and if we represent you, we will work diligently to protect your rights throughout the divorce process. Our primary office is located in Dallas, and we also meet clients by appointment at our Collin County office in Plano. We frequently represent clients in divorce cases throughout Dallas, Garland, Rockwall, Fort Worth, McKinney, Irving, Frisco, and Richardson, as well as in cities throughout Dallas, Collin, Denton, Grayson, Tarrant, and Rockwall Counties. To schedule a consultation, contact us at 214.692.8200 or fill out our online form.