What Is the 10-Year Marriage Law in Texas? Why It’s Not a Requirement
Texas does NOT require 10 years of marriage to establish a common law marriage. The “10-year rule” refers to spousal support eligibility under Texas Family Code § 8.051, not common law marriage formation. Common law marriages can be established in days or weeks if all three statutory requirements are met: agreement to be married, cohabitation as husband and wife, and holding out as married to others.
What the 10-Year Rule Actually Means in Texas
The confusion about a 10-year requirement stems from mixing up two different areas of Texas family law. Understanding the distinction protects your legal rights and helps you avoid costly misunderstandings.
The 10-Year Rule for Spousal Maintenance
The actual 10-year rule in Texas governs eligibility for court-ordered spousal support, not common law marriage formation. Under Texas Family Code § 8.051, one of the ways you can qualify for spousal maintenance is if your marriage lasted at least 10 years and you lack sufficient property or earning capacity to meet your minimum reasonable needs after divorce.
This means if you’ve been married for 10 years or longer, you may be eligible to request spousal support during divorce proceedings. But the 10-year threshold isn’t automatic—you must still prove you cannot support yourself and meet other statutory requirements.
The duration of spousal maintenance also depends on marriage length. For marriages lasting 10 to 20 years, maintenance can be awarded for up to 5 years. Marriages of 20 to 30 years may receive support for up to 7 years, and marriages exceeding 30 years can receive maintenance for up to 10 years.
No 10-Year Requirement for Common Law Marriage
Texas Family Code § 2.401 establishes the requirements for common law marriage, and duration is not one of them. You can establish a valid common law marriage after living together for six weeks, six months, or six years—what matters is whether you meet all three statutory elements simultaneously.
The three requirements are agreement to be married (both partners intend to enter an immediate, present marital relationship), cohabitation in Texas as husband and wife, and holding out to others as a married couple. Once you satisfy these elements, your common law marriage exists and carries the same legal weight as a ceremonial marriage.
How Common Law Marriage Actually Works in Texas
Understanding the real requirements helps you assess whether you’re in a legally recognized marriage and what protections you have.
Agreement to Be Married
This means both partners must intend to enter a legal marriage right now, not at some future date. The agreement can be verbal and doesn’t need to be formal or written. Courts look at your actions and statements to determine whether you intended to create a marital relationship.
An engagement or promise to marry in the future doesn’t count. You must both intend to be married in the present moment for this element to be satisfied.
Living Together as Spouses in Texas
Cohabitation means maintaining a household together as a married couple would. This includes sharing a residence, finances, responsibilities, and presenting your relationship to the world as a committed partnership.
There’s no minimum time requirement. You could establish a common law marriage after a few months of cohabitation if the other two elements are also present. Conversely, you could live together for decades without creating a common law marriage if you’re missing the agreement or holding out elements.
Representing Yourselves as Married to Others
Holding out means publicly acknowledging your relationship as a marriage. This can include introducing each other as spouse, filing joint tax returns, using the same last name, listing each other as married on insurance policies or legal documents, or having friends and family who know you as a married couple.
The key is consistency. Occasional references to each other as spouses might not be enough, but regularly representing yourselves as married in your community and on official documents typically satisfies this requirement.
Why the 10-Year Misconception Persists
Several factors contribute to widespread confusion about Texas common law marriage requiring a 10-year duration.
Mixing Up Different Legal Concepts
The 10-year rule for spousal maintenance eligibility is often confused with common law marriage formation. Because both involve marriage duration and Texas family law, people mistakenly believe the 10-year threshold applies to establishing the marriage itself rather than just to spousal support eligibility.
Similarly, some people confuse the persistent “seven-year rule” myth (which has no basis in any state’s law) with legitimate time-based requirements in Texas family law, creating further confusion about whether duration matters for common law marriage.
The Two-Year Presumption Rule
Texas Family Code also creates a presumption that affects common law marriage disputes. If you separate from someone claiming common law marriage and two years pass without either party filing legal proceedings to prove the marriage, Texas law presumes the marriage never existed.
This two-year rule is sometimes confused with duration requirements for establishing the marriage. But it’s actually about the time limit for proving a disputed marriage after separation, not about how long you must be together to create one.
Related Article: Common Law Marriage in Texas, Requirements, Legal Rights & How to Prove It
What People Get Wrong About Common Law Marriage Duration
Clearing up these misconceptions helps you understand your actual legal status and rights.
“You Must Be Married 10 Years to Have a Common Law Marriage”
False. Texas has no minimum duration requirement for establishing common law marriage. You can create a valid common law marriage in weeks or months if you meet all three statutory requirements simultaneously.
The 10-year rule applies only to spousal maintenance eligibility in divorce, not to whether a common law marriage exists in the first place.
“Living Together for 10 Years Automatically Creates Common Law Marriage”
Also false. Duration alone never creates a common law marriage in Texas. You could live together for 30 years and never be legally married if you’re missing the agreement to be married or the holding out element.
Conversely, meeting all three requirements after a short time period does create a valid common law marriage, regardless of how brief the cohabitation has been.
“The 10-Year Rule Guarantees Spousal Support”
Even when marriages last 10 years or longer, spousal maintenance isn’t automatic. You must prove you lack sufficient property or earning capacity to meet your minimum reasonable needs and that you’ve made diligent efforts to become self-supporting or are unable to do so due to incapacitating disability.
Texas courts also consider factors like each spouse’s education, employment skills, age, physical and emotional condition, and contributions to the marriage when determining whether to award support and for how long.
How to Protect Your Rights in a Common Law Relationship
Taking proactive steps clarifies your legal status and preserves your rights whether you’re establishing, proving, or ending a common law marriage.
Document Your Common Law Marriage
File a Declaration of Informal Marriage with your county clerk’s office. This form requires both partners to sign under oath that you meet all three statutory requirements and creates official proof of your marriage.
Keep records of joint tax returns filed as married, lease agreements or mortgage documents showing cohabitation, joint financial accounts, insurance policies listing each other as spouse, and contact information for witnesses who can testify about your relationship.
Understand Your Property Rights
Once a common law marriage is established, all property acquired during the marriage becomes community property under Texas law. This means both spouses own equal shares regardless of whose name appears on titles or who earned the income to purchase assets.
If you separate or divorce, community property must be divided equitably through formal legal proceedings. You cannot simply walk away from a common law marriage—you need a divorce decree just as ceremonially married couples do.
Know the Time Limits
If you separate from a common law spouse, don’t wait to take legal action. The two-year presumption creates a significant hurdle after that window closes. If you’ve been in a common law marriage and want to preserve your property rights or seek spousal support, consult a family law attorney promptly after separation.
Similarly, if you believe you’re entitled to spousal support based on the 10-year rule, gather evidence of your marriage duration, financial need, and efforts to become self-supporting before filing for divorce.
Frequently Asked Questions
What is the 10-year marriage law in Texas?
The 10-year rule in Texas refers to spousal maintenance eligibility under Texas Family Code § 8.051. If your marriage lasted at least 10 years and you lack sufficient property or earning capacity to meet your minimum needs after divorce, you may qualify for court-ordered spousal support. This rule does not apply to establishing common law marriage—only to spousal support eligibility in divorce.
Do you need to be married for 10 years to have a common law marriage in Texas?
No. Texas has no minimum duration requirement for common law marriage. You can establish a valid common law marriage in days, weeks, or months if you meet all three statutory requirements: agreement to be married, cohabitation as husband and wife in Texas, and holding out as married to others. The 10-year rule applies only to spousal support, not marriage formation.
What are the actual requirements to establish a common law marriage in Texas?
Under Texas Family Code § 2.401, you must prove three elements: (1) you and your partner agreed to be married, (2) you lived together in Texas as husband and wife, and (3) you represented yourselves to others as a married couple. All three must exist simultaneously. There is no time requirement—a common law marriage can be established immediately upon meeting these conditions.
Can a common law marriage be established in less than 10 years?
Absolutely. Common law marriages can be established in much shorter timeframes—even weeks or months—if all three statutory elements are present simultaneously. The length of time you’ve been together is not one of the three requirements, though longer cohabitation may make proving the marriage easier if it’s later disputed.
Does the 10-year rule affect property division in common law divorce?
No. Property division in Texas divorce follows community property law regardless of marriage duration. All property acquired during a marriage—whether it lasted 2 years or 20 years—is community property and must be divided equitably. The 10-year rule only affects eligibility for spousal maintenance, not how assets and debts are divided.
How does the 10-year rule help with spousal support after common law divorce?
If your common law marriage lasted at least 10 years, you may be eligible to request spousal maintenance during divorce proceedings if you cannot meet your minimum reasonable needs through your own property and earnings. The court considers factors like your education, employment skills, age, health, and contributions to the marriage when determining support. The 10-year threshold makes you eligible to request maintenance but doesn’t guarantee you’ll receive it.
Last Updated: January 26, 2026
Disclaimer: This article provides general information about the 10-year rule and common law marriage in Texas and is not legal advice for your specific situation.
Take Action: If you have questions about whether you’re in a common law marriage, need to understand your spousal support eligibility based on marriage duration, or want to protect your rights in a separation or divorce, consult a Texas family law attorney who can evaluate your circumstances and provide guidance based on current law.
Stay informed, stay protected. — AllAboutLawyer.com
Sources:
- Texas Family Code § 2.401 (Requirements for Informal Marriage)
- Texas Family Code § 8.051 (Spousal Maintenance Eligibility – 10-Year Rule)
- Texas Family Code § 3.002 (Community Property in Texas)
- Texas State Law Library, Common Law Marriage Guide
- Texas Estates Code (Intestate Succession Laws)
- Russell v. Russell, 865 S.W.2d 929 (Tex. 1993)
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah