Book an appointment using SetMore

Does Adultery Impact Alimony in a Texas Divorce?

Adultery refers to the act of engaging in sexual or intimate relations with someone other than one's spouse while being married. It involves a breach of the marital commitment and trust between spouses. Adultery is generally considered a violation of the marital vows and is often seen as a form of infidelity. The definition and legal implications of adultery can vary between jurisdictions, as different laws and cultural norms exist around the world. In some jurisdictions, adultery may have legal consequences in divorce proceedings, such as impacting property division, child custody, or spousal support determinations. It is important to consult the laws of your specific jurisdiction for a comprehensive understanding of how adultery is defined and treated legally.

Understanding Divorce in Texas

Divorce is a life-altering event that can be emotionally challenging and legally complex. If you are considering or going through a divorce in Texas, it's essential to understand the laws, procedures, and key considerations specific to the state. In Texas, a divorce can be granted on both no-fault and fault-based grounds. The most common ground is "insupportability," which means that the marriage has irretrievably broken down with no reasonable expectation of reconciliation. Other fault-based grounds include cruelty, adultery, felony conviction, abandonment, and living apart for at least three years. Understanding the grounds relevant to your situation is important for initiating the divorce process.

To file for divorce in Texas, at least one spouse must have been a resident of the state for a continuous six-month period preceding the filing. Additionally, the petitioner must have resided in the county where the divorce is filed for at least 90 days. Meeting these residency requirements is crucial before commencing the divorce proceedings. Texas follows the principle of "community property" when dividing marital assets and debts during a divorce. Community property generally includes assets acquired during the marriage, excluding gifts or inheritances received by one spouse. Texas law presumes that all community property should be divided equally, but the court has the discretion to make an "equitable" division based on various factors, including the earning capacities of the spouses, custody arrangements, and the nature of the assets.

Effects of Adultery on Divorce

No-Fault Divorce and Adultery:

In jurisdictions that recognize "no-fault" divorce, meaning that neither spouse needs to prove marital misconduct to obtain a divorce, adultery may not play a direct role in the divorce process. These jurisdictions typically focus on the irretrievable breakdown of the marriage as grounds for divorce, rather than assigning blame to one party. In such cases, the court may not consider evidence of adultery when determining the division of property, child custody, or spousal support.

Fault-Based Divorce and Adultery:

However, in jurisdictions that recognize fault-based divorce, adultery can have significant legal implications. In these jurisdictions, the injured spouse may be able to use adultery as grounds for divorce, alleging that the unfaithful spouse's actions contributed to the breakdown of the marriage. In fault-based divorce cases, evidence of adultery may influence various aspects of the divorce proceedings, including property division, child custody, and alimony.

Property Division:

When adultery is considered in property division, the impact can vary. Some jurisdictions follow the principle of equitable distribution, where marital assets are divided fairly, while others may consider the conduct of the parties when distributing property. In fault-based jurisdictions, the court may take into account the adulterous conduct of a spouse when deciding how to divide property, potentially awarding a larger share to the innocent spouse.

Child Custody:

When determining child custody arrangements, courts prioritize the best interests of the child. Adultery, in itself, may not directly impact child custody decisions unless it can be proven that the extramarital affair has had a detrimental effect on the child's well-being. Courts generally focus on factors such as the parent's ability to provide a stable and nurturing environment, rather than solely considering the adulterous behavior.

Spousal Support:

Adultery can also influence spousal support determinations. In some jurisdictions, a spouse who committed adultery may be barred from receiving alimony or may be awarded a reduced amount. The court may consider the impact of the affair on the economic circumstances of the innocent spouse when making decisions regarding spousal support.

Proof of Adultery:

Proving adultery can be challenging, as it requires presenting credible evidence to the court. Evidence may include witness testimonies, photographs, emails, text messages, or other forms of documentation. It's important to consult with a family law attorney to understand the specific requirements for proving adultery in your jurisdiction and to ensure compliance with legal procedures.

Does Adultery Impact Alimony in a Texas Divorce?

Alimony, also known as spousal support or maintenance, is a legal obligation for one spouse to provide financial support to the other spouse following a divorce or separation. It is typically awarded when there is a significant disparity in the financial resources or earning capacities between the spouses. The purpose of alimony is to help ensure that both spouses can maintain a similar standard of living after the marriage ends. Alimony is intended to provide temporary financial support and assist the recipient spouse in transitioning to an independent lifestyle. It is not meant to be a form of punishment or a permanent obligation. In some cases, alimony may be modifiable, meaning that the amount or duration can be adjusted under certain circumstances, such as a significant change in the financial situation of either spouse.

In Texas, adultery can have an impact on the award of alimony, also known as spousal maintenance, in a divorce. While Texas is a "no-fault" divorce state, meaning that a spouse does not need to prove fault or misconduct to obtain a divorce, fault can still be a factor when determining alimony. Under the Texas Family Code, a court may consider adultery as a factor in determining whether to award spousal maintenance and the amount and duration of the maintenance. However, it is important to note that adultery alone does not guarantee or automatically disqualify a spouse from receiving or paying alimony.

When considering the impact of adultery on alimony, the court will assess several factors, including the financial resources of each spouse, the ability of the requesting spouse to meet their own financial needs, and any acts of adultery committed by either spouse. The court will also consider whether the adultery had a significant financial impact on the marital estate or the innocent spouse's ability to support themselves.

It's important to understand that Texas courts have broad discretion when it comes to awarding alimony, and they will consider the totality of the circumstances and the best interests of the parties involved. Adultery may be one factor among many that the court considers, but it is not the sole determining factor.Additionally, it's worth noting that Texas law includes certain limitations on the award of spousal maintenance. For example, if the spouse seeking maintenance has been convicted of or received deferred adjudication for family violence within two years preceding the divorce filing, they are generally not eligible to receive spousal maintenance.

Overall, while adultery can be a factor in determining alimony in a Texas divorce, it is not the sole determinant. Courts will consider various factors and exercise their discretion to make a fair and equitable decision based on the specific circumstances of each case. Consulting with a knowledgeable family law attorney is advisable to understand how adultery may impact alimony in your particular situation.

Book an appointment with Law Office of Bryan Fagan using SetMore


Adobe Stock 62844981[2]If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

undefinedIf you want to know more about how to prepare, CLICK the button below to get your FREE E-book: Alimony E-Book

Other Related blogs

  1. How is alimony taxed?
  2. Modify, Reduce, or Terminate Alimony
  3. Why is alimony no longer deductible?
  4. Can an Alimony Decree Be Enforced?
  5. Alimony in Texas: What You Need to Know
  6. An Overview of Alimony in Texas
  7. Can an alimony order be terminated?
  8. More advice on how to avoid paying alimony in your Texas divorce
  9. Are there any loopholes to avoid paying alimony in a Texas divorce?
  10. Alimony in Texas…What Does the Law Say?
  11. Will you owe your spouse alimony after a divorce
  12. Handing Taxes during and after your divorce
  13. How the laws in Texas changed regarding spousal maintenance and how it affects your divorce
  14. Everything you need to know about alimony in Texas
  15. My Spouse Has Accused Me of Adultery in my Texas Divorce and I Haven't


Fill Out To Watch Now!

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.