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Cheating often complicates divorce, especially when finances come into play. Many assume that infidelity automatically disqualifies a spouse from receiving support, but that’s not always the case. The question can an adulterous spouse receive alimony depends on several factors, such as the type of alimony requested and whether the court considers fault relevant to the case. In Texas, adultery can influence alimony decisions, but it’s not always a deal-breaker. In certain situations, even a spouse who cheated may still qualify for financial support if they meet the legal requirements.
Understanding Alimony in Texas
Texas uses the term “spousal maintenance” for court-ordered support. This differs from contractual alimony, which spouses agree on as part of a settlement.
Court-Ordered Spousal Maintenance
Texas courts only award maintenance under specific circumstances. The requesting spouse must meet strict legal requirements before the court even considers fault. These include:
- A marriage that lasted at least ten years, with the requesting spouse unable to meet basic needs
- A disability that limits self-support
- A duty to care for a child with special needs
- A history of family violence within two years of filing for divorce
Once the court finds the legal grounds, it can look at other factors, including fault.
Contractual Alimony
This is a private agreement between spouses. It may reflect negotiations, concessions, or trade-offs. Courts typically honor the terms, even if one spouse committed adultery, as long as the agreement was voluntary and legal.
Does Adultery Block Alimony?
Texas law does not automatically disqualify an adulterous spouse from receiving support. The court must follow the eligibility rules first. If the spouse qualifies, then the judge can consider adultery as a factor when deciding the amount, duration, or denial of support.
In other words, adultery does not guarantee denial, but it may influence the outcome.
How Judges Evaluate Fault
Texas allows courts to weigh fault when dividing property and assigning spousal maintenance. If one spouse can prove the other had an affair, the court may decide it would be unfair to award them ongoing support. Judges have wide discretion in these cases.
Example Scenarios
- Spouse A cheats and earns a high income. Spouse B does not work and requests support.
The court may still award maintenance to Spouse B if they qualify, despite the affair. - Spouse A cheats and requests maintenance after a 12-year marriage. Spouse B earns more but proves infidelity.
The court may reduce or deny the request, especially if Spouse A can still meet basic needs. - Spouse A admits to an affair but also has a long-term illness that prevents work.
The court may approve support due to the health condition, even though adultery occurred.
These examples show how important it is to separate fault from eligibility. Courts don’t treat cheating as the only deciding factor.
What Counts as Adultery in Texas?
Texas defines adultery as voluntary sexual intercourse between a married person and someone who is not their spouse. Emotional affairs, texting, or dating someone else do not count legally unless sexual contact is involved.
You must prove adultery with credible evidence. This can include:
- Witness testimony
- Photos or videos
- Hotel records or receipts
- Text messages or emails that imply sexual activity
Suspicions or accusations won’t hold in court without some form of proof.
Proving Adultery in Court
If you want adultery to influence alimony, you must bring it up and provide evidence. Texas courts do not investigate cheating unless a spouse raises it during the case.
Steps to take if you plan to present adultery:
- Gather relevant proof without breaking the law
- Work with a lawyer to submit the evidence
- Prepare to explain why the affair affects your position on spousal maintenance
Keep in mind that proving adultery might also impact property division, not just support.
Can the Adulterous Spouse Still Ask for Support?
Yes. Even if one spouse cheated, they can still request support if they meet the legal requirements. Courts focus on financial need and self-sufficiency before fault.
This means a stay-at-home parent who committed adultery may still get maintenance, especially after a long marriage or while caring for a child with special needs.
Texas law aims to avoid putting a spouse in poverty, even if they made personal mistakes.
What Happens When Both Spouses Commit Adultery?
Courts may treat the matter differently if both sides have cheated. In these cases, fault may carry less weight. The judge might decide that neither party holds the moral high ground, so alimony decisions focus on income, ability to work, and standard of living.
How Alimony Decisions Can Vary
Texas judges do not use a formula to decide alimony. Each case depends on the facts. This gives them room to consider adultery alongside other elements.
Factors that influence decisions include:
- Duration of the marriage
- Age and health of both spouses
- Employment history and skills
- Contributions as a homemaker or parent
- Financial resources available after divorce
- Misconduct, including adultery or wasteful spending
A judge may lower or deny maintenance if they believe the cheating spouse does not deserve financial support, especially in short-term marriages or where both partners work.
Protecting Yourself During Divorce
If You Suspect Cheating:
- Collect evidence legally and carefully
- Avoid confrontation that leads to more conflict
- Talk to your lawyer before accusing your spouse in court
If You Committed Adultery:
- Be honest with your attorney
- Focus on the legal factors that support your request
- Show how you meet the eligibility standards regardless of past behavior
If You Both Have Issues:
- Focus on financial facts, not blame
- Prioritize fair solutions in property and support decisions
- Let the judge decide fault only if it directly affects your outcome
Final Thoughts
In conclusion, the answer to can an adulterous spouse receive alimony isn’t always black and white. While Texas courts may consider adultery when deciding alimony, it’s just one of many factors involved. The court looks at financial need, the length of the marriage, earning capacity, and other circumstances before making a decision. Adultery may reduce the chances of receiving support, but it doesn’t automatically eliminate eligibility. Understanding how these rules apply to your situation is key to preparing for the financial outcomes of divorce.
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Can an Adulterous Spouse Receive Alimony in Texas?FAQs
In some states, if the lower-earning spouse commits adultery after the divorce, the higher-earning spouse may be able to seek a modification of the alimony order. The court may reduce or terminate alimony payments if the adultery is found to be a significant change in circumstances.
The amount of alimony is calculated based on several factors, including the length of the marriage, the income and earning potential of each spouse, the standard of living during the marriage, and any financial obligations or debts.
Adultery specifically refers to a married person engaging in sexual activity with someone who is not their spouse. In legal terms, adultery can be grounds for divorce in some jurisdictions. Conversely, infidelity is a broader term that can refer to any breach of trust or violation of the commitment and expectations in a relationship.
The legality and punishment of adultery vary depending on the country and jurisdiction. In some countries, adultery is considered a criminal offense and can be punishable by law, while in other countries, it may not be a criminal offense or may be considered a civil matter.
There is no standard categorization of types of adultery, but some people may distinguish between two main types as single adultery, with an unmarried person, and double adultery, with a married person.
