Who is included in the definition of “spouse” for purposes of a Texas wrongful death claim?
A spouse can bring a wrongful death action whether the couple’s marriage was formal or by common law. The claim can be brought, too, even if the spouses were separated when one of them was killed, and even if the surviving spouse remarried after the other’s death.
At this time, Texas law does not allow wrongful death actions by same-sex spouses.